Case: Department of Education OCR Title IX Investigation of Ohio State University

On June 23, 2010, the Assistant Secretary for Civil Rights of the U.S. Department of Education, Office of Civil Rights (OCR) notified Ohio State University (OSU) that OCR was initiating a proactive review to evaluate the university's compliance with Title IX of the Education Amendments of 1972. OCR's Cleveland Office conducted the review. The review examined the university's IX procedures, its management and response to complaints filed by students, its appointment of a Title IX Coordinator and compliance with Title IX notice requirements, and grievance procedures for filing sex discrimination claims.

On August 4, 2010, OCR filed a data request with the University seeking contact information for Title IX staff at the University, copies of Title IX policies, grievance and complaint procedures available to students who wish to file complaints, and other sources related to the university's Title IX policies and procedures.

On September 8, 2014, OCR announced a Resolution Agreement with OSU. In the agreement, OCR noted steps OSU had already taken to improve its compliance with Title IX including:

• Appointment of a Title IX Coordinator and Deputy Title IX Coordinators;

• Creation of the Office of University Compliance and Integrity, which oversees compliance with Title IX;

• Development of a Title IX webpage;

• Appointment of the Sexual Violence Consultation Team, a group of first responders who meet monthly to discuss management and assignation of sexual harassment/violence complaints; and

• Training staff and returning students on university Title IX policy.

In the Resolution Agreement, OSU also agreed to make the following changes:

• Develop a statement of roles and responsibilities and mandatory training requirements for its Title IX Coordinator;

• Maintain documentation of receipt, investigation, and resolution of all complaints, reports, or other notice of sexual harassment;

• Conduct a review of all Title IX policies, procedures, and related written materials to minimize internal inconsistencies and increase transparency;

• Provide training for University students, staff responsible for handling sexual harassment complaints, and university staff who regularly interact with students;

• Conduct climate assessments;

• Conduct a review of sexual harassment/violence filed since academic year 2011-2012, evaluate handling of complaints, and address any problems; and

• Take steps to eliminate sexual harassment of members of the University's Marching Band, including evaluate and develop Marching Band Leadership, review and revise Marching Band policies and procedures, offer counseling to survivors of sexual harassment, provide training to Marching Band staff, conduct anonymous climate surveys, and establish independent monitoring and review of survey data.

Under the agreement, OCR stated that it would not cease monitoring the agreement under the Office determined OSU had fulfilled the terms of the agreement and was in full compliance with Title IX requirements.

On August 12, 2015, OCR initiated a second investigation of OSU. A student complaint alleging sex discrimination triggered the second investigation. The student reported a sexual assault complaint to OSU and argued in their complaint with OCR that the university failed to adequately respond to the allegation. OCR filed a document request for all documentation related to the student's complaint, a copy of all communications between university staff about the student's complaint, and a copy of all documents related to any meetings held between the university and student regarding the complaint. The investigation remains open.

On Jan. 3, 2017, OCR initiated a third investigation of OSU. The complainant previously notified the university of an alleged sexual assault by a OSU professor at an academic conference. The complaint subsequently filed a claim against OSU through OCR alleging the OSU failed to appropriately respond to assault allegations. OCR notified the university that it was opening the complaint for investigation. Subsequently, the Cleveland Branch of OCR submitted document requests to the university. No further documentation is available, but it appears that the third investigation was resolved on the ground of insufficient evidence. The case was closed by September 26, 2017.

On July 31, 2017, OCR initiated a fourth investigation of OSU. No documentation is publicly available regarding the fourth investigation, but the investigation appears to be open.

As of October 2021, the second and fourth investigations remain active.