Filed Date: Dec. 3, 2010
Case Ongoing
Clearinghouse coding complete
On December 3, 2010, a complaint was filed with the U.S. Department of Education, Office of Civil Rights (OCR) against the university on behalf of a current student who had filed a complaint with the Virginia Commonwealth University after she was sexually assaulted by a male student. The complaint alleged that the university's sexual misconduct policies and procedures were discriminatory on the basis of sex. The university held a hearing, and the panel at the hearing ruled against the complainant. Following the hearing, the university refused to provide the student information as to how it reached its decision and did not allow her to appeal its decision. The student also requested documents that had been used in the hearing process, and was told that the documents had been shredded. The complaint also alleged that the student was discriminated against on the basis of race and age.
In an interview with the student on January 13, 2011, the complainant told OCR that she intended for sex discrimination and race discrimination to be included as bases for her complaint, but that she no longer wished for age discrimination to be included as a basis for her complaint. On February 9, 2011, OCR dismissed the allegation of racial discrimination because there was not enough information to suggest that racial discrimination had occurred, only that most of the panel members were of the same race as the accused student. OCR also determined that it did not have jurisdiction to review the university's decision in the student's individual hearing because the alleged assault took place in a location not owned by the university during an activity not sponsored by the university. OCR determined that it did have jurisdiction to determine whether the university's sexual misconduct and sexual harassment policies complied with Title IX of the Education Amendments of 1972, and opened an investigation into this allegation.
On September 29, 2011, the university entered into a voluntary Resolution Agreement. The university was required to update its Student Sexual Misconduct Policy and its University Guidelines on Prohibition of Sexual Harassment. The updates were to specify that both the accuser and the accused may appeal a decision of the University Hearing Board, the university must maintain documentation and records from all complaints and proceedings, the University Hearing Board should resolve all complaints using a "preponderance of evidence" standard of proof, all parties should be notified in writing of the outcome of all appeals, and the university would take reasonable steps to prevent any recurrence of discrimination. The university agreed to ongoing monitoring by OCR until it had fully complied with the terms of the agreement and was in compliance with the regulation implementing Title IX.
Summary Authors
Elizabeth Heise (12/1/2018)
Last updated Aug. 30, 2023, 3:30 p.m.
Docket sheet not available via the Clearinghouse.State / Territory:
Case Type(s):
Key Dates
Filing Date: Dec. 3, 2010
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
A university student who alleged that the Virginia Commonwealth University had discriminated against her after a male student sexually assaulted her.
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: Unknown
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
State
Virginia Commonwealth University
Defendant Type(s):
Case Details
Causes of Action:
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.
Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.
Other Dockets:
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Content of Injunction:
Develop anti-discrimination policy
Implement complaint/dispute resolution process
Issues
General/Misc.:
Assault/abuse by residents/inmates/students
Discrimination Basis:
Affected Race(s):
Affected Sex/Gender(s):
Case Summary of Department of Education OCR Title IX Investigation of Virginia Commonwealth University, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/16960/ (last updated 12/1/2018).