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

06-10-2069 | No Court

Filed Date: March 8, 2010

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Case Summary

The United States Department of Education, Office for Civil Rights (OCR) received a complaint against the university on March 8, 2010. The complaint alleged that the University of Mississippi discriminated against a student based on her sex, and then retaliated against her in violation of Title IX of the Education Amendments of 1972. Specifically, the student claimed that the university failed to investigate or respond to her allegation that she was sexually assaulted, and retaliated against he…

The United States Department of Education, Office for Civil Rights (OCR) received a complaint against the university on March 8, 2010. The complaint alleged that the University of Mississippi discriminated against a student based on her sex, and then retaliated against her in violation of Title IX of the Education Amendments of 1972. Specifically, the student claimed that the university failed to investigate or respond to her allegation that she was sexually assaulted, and retaliated against her for notifying the university of the alleged sexual assault.

Based on the complaint, OCR opened an investigation to determine whether the university discriminated against the complainant on the basis of sex by failing to respond in a prompt and effective manner to notification that she was sexually harassed and whether the university intimidated or retaliated against the complainant when she notified university officials of the alleged sexual harassment. OCR's letter of findings is not currently available.

The university entered into a voluntary Resolution Agreement on December 19, 2011. The Resolution Agreement contained twelve action items, some of which were specific to the complainant, and others which were more general. The university was required to review and revise its complaint policies and procedures as required by Title IX, notify all students of the revised policies, ensure that the university's Title IX coordinator was apprised of all student complaints of sexual harassment, and conduct a mandatory workshop for all relevant personnel. The university was also required to notify all of its employees of its sexual assault policy, specifically the prohibition against charging alleged victims of sexual assault with violations of the code of conduct such as the alcohol policy. The university agreed to take prompt measures to address complaints from 2009-2012 that were not handled appropriately.

The university was required to reimburse the complainant for the cost of tuition, fees, housing, books, and food that she incurred during the Spring 2010 semester. The university also was required to update its training and orientation programs for current and future students, and to conduct a climate check to assess the effectiveness of steps taken pursuant to the agreement. In implementing the Agreement, the university agreed to report its progress regularly to OCR, and to ongoing monitoring by OCR until the terms of the Agreement had been fulfilled.

Summary Authors

Elizabeth Heise (12/11/2018)

Documents in the Clearinghouse

Document

06-10-2069

[Notification letter for University of Mississippi]

April 2, 2010

April 2, 2010

Notice Letter

06-10-2069

[Notification letter and data request for University of Mississippi]

April 2, 2010

April 2, 2010

Notice Letter

06-10-2069

Resolution Agreement

Dec. 19, 2011

Dec. 19, 2011

Settlement Agreement

Resources

Docket

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

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Mississippi

Case Type(s):

Education

Key Dates

Filing Date: March 8, 2010

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

A female student at the University of Mississippi who alleged sex discrimination and retaliation in violation of Title IX.

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 Mississippi (Oxford, Lafayette), 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

Availably Documents:

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $6028

Order Duration: 2011 - None

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Monitoring

Reporting

Training

Issues

General:

Assault/abuse by residents/inmates/students

Discrimination-basis:

Sex discrimination

Affected Gender:

Female