Case: Department of Education OCR Title IX Investigation of University of Notre Dame

05-11-6901 | No Court

Filed Date: 2010

Clearinghouse coding complete

Case Summary

The United States Department of Education, Office of Civil Rights (OCR) initiated an investigation on December 3, 2010, to determine whether the University of Notre Dame was in compliance with Title IX of the Education Amendments of 1972 and its implementing regulations. OCR specifically investigated the university's policies and procedures related to peer sexual harassment of students and its implementation of those policies and procedures.The investigation determined that while the university…

The United States Department of Education, Office of Civil Rights (OCR) initiated an investigation on December 3, 2010, to determine whether the University of Notre Dame was in compliance with Title IX of the Education Amendments of 1972 and its implementing regulations. OCR specifically investigated the university's policies and procedures related to peer sexual harassment of students and its implementation of those policies and procedures.

The investigation determined that while the university's policies and procedures were widely available, students and university staff were not always clearly instructed as to the processes that would be allowed after a report of sexual assault or sexual misconduct was made to the university. The policies were also not consolidated and somewhat inconsistent.

The university entered into a voluntary Resolution Agreement on July 1, 2011. As part of the Agreement, the university committed to improving its policies and procedures relating to sexual harassment, and their implementation, to investigation promptly all incidents of sexual harassment to which it had notice, to taking appropriate disciplinary action against students and others who violate the policies and procedures, and to take prompt and effective action to end sexual harassment and prevent its recurrence. The university also agreed to make it clearer to students and the public how to report sexual harassment. Additionally, the university was required to make changes to its current sexual harassment policies and procedures, including a clear statement of the legal standard (the "preponderance of evidence" standard) used to evaluate allegations of sexual harassment. The university agreed to ongoing monitoring by OCR until it fulfilled the terms of the agreement, and was also required to provide reports of its progress to OCR.

Summary Authors

Elizabeth Heise (12/10/2018)

Documents in the Clearinghouse

Document

05-11-6901

Resolution Agreement

July 1, 2011

July 1, 2011

Settlement Agreement

05-11-6901

[Notre Dame Resolution Letter]

July 1, 2011

July 1, 2011

Findings Letter/Report

05-17-2055

[Notification letter for University of Notre Dame]

Dec. 23, 2016

Dec. 23, 2016

Notice Letter

05-17-2055

[Notification letter and data request for University of Notre Dame]

Dec. 23, 2016

Dec. 23, 2016

Notice Letter

Resources

Docket

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

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Indiana

Case Type(s):

Education

Key Dates

Filing Date: 2010

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Students at the University of Notre Dame who were affected by the university's peer-to-peer sexual harassment policies and procedures.

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 Notre Dame (Notre Dame, St. Joseph), 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

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 2011 - None

Content of Injunction:

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Monitoring

Issues

General:

Assault/abuse by residents/inmates/students

Discrimination-basis:

Sex discrimination