RESOLUTION AGREEMENT
Among the University of Montana - Missoula,
the U.S. Department of Justice, Civil Rights Division, Educational Opportunities Section and
the U.S. Department of Education, Office for Civil Rights
OCR Case No. 10126001
DOJ DJ Number 169-44-9
BACKGROUND AND JURISDICTION
The U.S. Department of Justice, Civil Rights Division, Educational Opportunities Section
(“DOJ”), has completed the above-referenced investigation and compliance review of the
handling by the University of Montana – Missoula (“University”) of allegations of sexual assault
and harassment under Title IX of the Education Amendments of 1972 (“Title IX”) and Title IV
of the Civil Rights Act of 1964, 42 U.S.C. 2000c, et seq. (“Title IV”). The U.S. Department of
Education, Office for Civil Rights (“OCR”) has joined DOJ in the Title IX compliance review. 1
Based on DOJ’s investigation and compliance review, DOJ and OCR (jointly referred to as the
“United States”) identified concerns regarding the University’s handling of sex-based harassment
and its implementation of Title IX’s regulatory requirements. The United States recognizes that,
prior to and during the course of the investigation, the University appointed a Title IX
Coordinator, adopted policies and procedures regarding sex-based harassment, responded to
complaints, and developed and provided training to employees and students. By taking these and
other steps to address sex-based harassment, the University has demonstrated its commitment to
meeting its obligations under Title IX and Title IV. Through this Resolution Agreement, the
University has indicated its willingness to further implement actions that remedy the United
States’ concerns identified in the attached Letter of Findings and to ensure the University’s
compliance with Title IX and Title IV.
TERMS OF THE AGREEMENT
To resolve the concerns identified in the Letter of Findings, the University will take effective
steps designed to: prevent sex-based harassment in its education programs and activities,
including clarifying its policies and procedures applicable to various types of sex-based
1

The Special Litigation Section (SPL) of the Civil Rights Division at the Department of Justice has conducted a
related but separate investigation of the University’s Office of Public Safety (OPS) among other law enforcement
entities. That investigation’s findings, which are based on independent assessments of compliance with the Violent
Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141, and the Omnibus Crime Control and Safe
Streets Act of 1968, 42 U.S.C. § 3789d, are set out in a separate report and are not addressed in this letter; however,
because OPS is covered by and must comply with the University’s Title IX obligations, OPS is referenced in this
letter and required to participate in certain remedies required by the enclosed Agreement, such as training for first
responders. To the extent that SPL’s findings regarding OPS under 42 U.S.C. § 14141 and 42 U.S.C. § 3789d also
implicate Title IX in ways not addressed by the remedies in this Agreement, those findings will be addressed by any
remedies sought from the University by SPL.

 harassment; fully investigate conduct that may constitute sex-based harassment; appropriately
respond to all conduct that may constitute sex-based harassment; and mitigate the effects of sexbased harassment, including by eliminating any hostile environment that may arise from or
contribute to sex-based harassment. The University also will obtain the services of a third-party
consultant mutually agreed upon by the parties (the “Equity Consultant”) to consult with the
University in its efforts to comply with the terms of this Agreement as outlined below. In turn,
OCR will not initiate an enforcement action and DOJ will not initiate litigation regarding the
United States’ Title IX and Title IV findings raised as of the date of this Agreement provided the
University implements the provisions of this Agreement in good faith and subject to the terms in
Section X below.
As used in this Agreement, the term “sex-based harassment” includes both sexual harassment,
including but not limited to sexual assault, and gender-based harassment. The term “sexual
harassment” means unwelcome conduct of a sexual nature. 2 The term “gender-based
harassment” means non-sexual harassment of a person because of the person’s sex and/or
gender, including, but not limited to, harassment based on the person’s nonconformity with
gender stereotypes. For purposes of this Agreement, “sex discrimination” includes sex-based
harassment, other discrimination on the basis of sex, and retaliation relating to complaints of sex
discrimination. The term “employee” means any non-student employee of the University,
including but not limited to faculty, administrators, Office of Public Safety (“OPS”) employees,
and staff. The term “student employee” means a student who is enrolled at and employed by the
University; allegations of sex discrimination against student employees may require the
University to take measures applicable to both students and employees. The term “University
Court” is the tribunal consisting of students, faculty, and staff that holds hearings regarding
alleged violations of the Student Conduct Code (SCC) under certain circumstances prescribed by
the SCC.
This Agreement will remain in force for at least three (3) academic years, and will not terminate
until at least 60 days after the United States has received all of the reporting required through the
first semester of the 2015-2016 school year. The United States will monitor the implementation
of the Agreement until it determines that the University has fulfilled the terms of this Agreement
and is in compliance with Title IV, Title IX, and the implementing regulations at 28 C.F.R. Part
54 and 34 C.F.R. Part 106, which were at issue in this case.
I.

EQUITY CONSULTANT
The University will retain an Equity Consultant with expertise in the area of sex-based
harassment prevention and training in higher education to:
A. Evaluate and recommend revisions to the University’s policies, procedures, and practices
for preventing, investigating, and remediating sex-based harassment, as required by
Section II.A below;

2

Although “sexual assault” is a form of “sexual harassment,” where this Agreement refers to “sexual assault” and
“sexual harassment” separately, it is differentiating sexual contact, including intercourse, without consent (“sexual
assault”) from unwanted conduct of a sexual nature that does not rise to the level of sexual assault.

2

 B. Develop and provide the mandatory Title IX training required by Section V.A below; and
C. Develop one or more annual climate surveys in consultation with the University, as
required by Section VIII.B below, and make recommendations to the University
regarding its sex-based harassment policies, procedures, and practices based on the
surveys.
Within thirty (30) calendar days from the entry date of this Agreement, the University
will retain an individual with expertise in the area of sexual assault and harassment
prevention and training in the context of higher education who will serve as the Equity
Consultant. If the United States objects to any such individuals on the basis of their
qualifications, it will let the University know, and the parties will seek agreement on the
Equity Consultant, subject to the enforcement terms in Section X.C. The University will
pay all the fees and costs of the Equity Consultant.
II.

POLICIES AND PROCEDURES
A. To clarify, and dispel any confusion about, where and how students should report various
types of sex discrimination, by May 30, 2013, the University, in consultation with the
Equity Consultant, will draft revisions to its policies and procedures related to sex-based
harassment. The University policies and procedures to be revised include, but are not
limited to: the Sexual Misconduct, Sexual and Relationship Violence, and Stalking Policy
(Policy 406.5); the Sexual Harassment Policy (Policy 406.5.1); the Discrimination
Grievance Policy (Policy 407.1); the Discrimination Grievance Procedures; the
University’s Equal Opportunity Policy/Non-Discrimination Policy (Policy No. 406.4);
the Appeals Policy (Policy 203.5.2); and the Student Conduct Code. The University will
ensure that these policies and procedures provide an easily accessible and user-friendly
system for the prompt and equitable resolution of complaints alleging sex discrimination,
use consistently defined terms and reporting options, and include, at a minimum, the
following:
1. accurate definitions of various types of sex discrimination, including sexual
harassment and sexual assault that may provide the basis for a complaint pursuant
to the University’s grievance and other procedures (including but not limited to
when off-campus misconduct is covered);
2. notice to all members of the University community of the grievance procedures that
apply to different types of complaints of sex discrimination by employees, students,
or third parties;
3. an explanation of how to file complaints pursuant to the grievance procedures and
clarification of other types of complaints that may be filed and with whom those
complaints should be filed (e.g., providing more and clearer notice to students of
the availability of anonymous reporting and how to report a crime to law
enforcement);
4. the name or title, office address, email address, and telephone number of the
individual(s) with whom to file a complaint and those responsible for taking action
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 on sex discrimination, including investigating complaints of sex-based harassment
under the grievance procedures, taking appropriate interim measures during the
grievance process, seeking disciplinary action against the accused (where
appropriate), and handling appeals;
5. clarification of any differences in the role of the individuals with responsibility to
take action on sex discrimination (e.g., if the University continues to have separate
policies or grievance procedures for sexual assault and sexual harassment or for
employees, it must clarify who receives complaints of sexual assault, sexual
harassment, and retaliation, and who receives complaints by students, employees,
and student employees);
6. provisions ensuring that individuals who play a role in receiving, investigating, and
otherwise processing student complaints of sex-based harassment (including, but
not limited, to OPS employees, Title IX coordinator(s), Student Assault Resource
Center (SARC) employees, resident assistants, deans, and University Court
members) are accessible and do not have any actual or perceived conflicts of
interest in the process; in the rare situation that such conflicts arise between the
fact-finder or decision-maker and the accused or the accuser in a particular case, the
actual or perceived conflict will be disclosed to the parties;
7. a requirement that all employees who are aware of sex-based harassment, except for
health-care professionals and any other individuals who are statutorily prohibited
from reporting, report it to the Title IX coordinator regardless of whether a formal
complaint was filed;
8. procedures for adequate, reliable, prompt, and impartial investigation, hearing
(where appropriate), and appeal (where appropriate) of all complaints, including the
equal opportunity for the parties to access, review, and present witnesses and other
evidence;
9. guidance on interim measures to assist or protect the complaining party during the
grievance process, as necessary and with the complainant’s consent (e.g., arranging
for changes in class schedules and/or living arrangements, counseling, modifying
class requirements or testing schedules as needed);
10. reasonable timeframes for individuals to report sex-based harassment and
reasonable timeframes for the major stages of the investigation, hearing, and appeal;
11. a requirement for written notification to the parties of the outcome of the
investigation, hearing and appeal;
12. a requirement that parties be given notice of the opportunity to appeal the findings;
13. an assurance that the University will keep the complaint and investigation
confidential to the extent possible;

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 14. an assurance that the University will take steps to prevent recurrence of any sex
discrimination, with examples of the range of possible disciplinary sanctions, and
will remedy the effects of the discrimination on the victim(s) and others, with
examples of the types of remedies available to victims; and
15. an explicit prohibition against retaliation that clarifies that allegations of retaliation
should be brought to the individual(s) designated to receive such complaints and
will be investigated by the University under the same processes and standards
outlined in the Title IX grievance procedures.
B. If the University continues to use the Student Conduct Code to investigate or remedy
complaints of sex discrimination, the University will draft revisions to the Student
Conduct Code that will provide for the same type of prompt and equitable grievance
process required by Section II.A above.
C. If the University decides to use the Student Athlete Conduct Code to address allegations
of sex discrimination involving student athletes, the University will draft revisions to this
Code that will ensure that this part of the grievance procedures is consistent with the
prompt and equitable grievance process required by Section II.A above.
D. On or before May 30, 2013, the University will submit proposed revisions to the United
States of all of its policies, procedures, and conduct codes related to sex discrimination.
If the United States chooses to provide comments on the University’s proposed revisions,
the University will incorporate the United States’ comments unless there is disagreement,
in which case the University and the United States will work together in good faith to
resolve the disagreement. If the parties are unable to agree on the revisions within 30
days of the United States providing notice of any concerns, the United States may pursue
relief under the enforcement provisions of Section X.C below.
E. The University will adopt the revised policies and procedures in Sections II.A-D within
fourteen (14) calendar days of approval from the United States. It is the intent of the
parties that the revised policies, procedures, and internal guidance be adopted no later
than July 15, 2013.
F. Once the University adopts policies and procedures related to sex discrimination pursuant
to the terms above, the University will not substantively modify those policies and
procedures during the period of the Agreement without the approval of the United States.
Such approval will not be unreasonably withheld. All requests to modify such policies
and regulations must be made in writing at least thirty days before the University intends
to adopt the modification. The United States may reject proposed modifications that are
not consistent with the terms of this Agreement or applicable federal laws.
III.

NOTICE OF REVISED POLICIES AND PROCEDURES
By the start of the 2013-14 academic year, the University will provide all students and
employees with written notice regarding the revised policies prohibiting sex
discrimination and the grievance procedures for resolving sex discrimination complaints
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 required by Sections II.A-E, as well as information on how to obtain a copy of the
policies and grievance procedures. The University, at a minimum, will make this
notification available through the University’s website, electronic mail messages to
employees and students, any regularly issued newsletters (in print or online), and any
other means of notification the University can use to ensure that the information is widely
disseminated.
IV.

TITLE IX COORDINATOR
The University will publish its notice of the Title IX Coordinator’s name or title, office
address, email address, and telephone number consistent with the requirements of Title
IX at 28 C.F.R. § 54.135(a) and 34 C.F.R. § 106.8(a), within fourteen (14) calendar days
of the United States’ approval of the notice. If the University chooses to designate one or
more persons to assist the Title IX Coordinator, the publication will make clear the scope
of each person’s responsibilities (e.g., who will handle complaints of sex discrimination
and who will handle complaints by students, employees, student employees, and faculty),
and will designate the University’s Title IX Coordinator to have ultimate oversight
responsibility with regard to Title IX matters. Additionally, the University will publish a
notice of nondiscrimination with the Title IX Coordinator’s information consistent with
the requirements of Title IX at 28 C.F.R. § 54.140 and 34 C.F.R. § 106.9. By August 22,
2013, the University will disseminate this notice through the University’s website,
student handbook, and any other means of notification the University deems effective to
ensure that the information is widely disseminated.

V.

TRAINING OF EMPLOYEES AND PROFESSIONAL DEVELOPMENT
A. By August 22, 2013, the University, in consultation with the Equity Consultant, will
develop Title IX training, and the Equity Consultant will provide the Title IX training to
its Title IX Coordinator, members of the University Court, and any other University
employees (e.g., OPS employees) who will be directly involved in processing,
investigating, and/or resolving complaints of sex discrimination or who will otherwise
assist in the coordination of the University’s compliance with Title IX. This training will
be in person and cover:
1. the University’s new policies and grievance procedures for Title IX complaints
required by Section II above;
2. sex discrimination and the University’s responsibilities under Title IX and Title IV
to address allegations of sex-based harassment, whether or not the actions are
potentially criminal in nature;
3. recognizing and appropriately responding to allegations and complaints pursuant to
Title IX and Title IV, including conducting interviews of victims of sexual assault
and communicating in a fair, non-biased, and objective manner that does not
discourage victims from reporting or continuing with their complaints (such
training shall include role-playing and other practice activities);
4. how to conduct and document adequate, prompt, reliable, and impartial Title IX
investigations, including the appropriate legal standards to apply in a Title IX
investigation and how they differ from those in a criminal investigation;
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 5. how to notify complainants of the right to file a criminal complaint and how to file
one;
6. what information regarding sex-based harassment allegations may be shared among
University employees, including OPS employees, and other law enforcement
officials;
7. how to coordinate and cooperate with law enforcement during parallel criminal and
Title IX proceedings;
8. the link between alcohol and drug use and sex-based harassment;
9. best practices to address that link, including, but not limited to:
a. how to address the challenges of investigating incidents involving alcohol or
drug use; and
b. how to encourage victims and witnesses of sex-based harassment to cooperate
with investigations if they have concerns about possible conduct implications
of their own alcohol and drug use; and
10. a written assessment requiring participants to demonstrate that they have learned the
material in the Title IX and Title IV training.
B. By October 15, 2013, the University will provide Title IX training to all resident
assistants, members of the SARC, the Curry Student Health Center, OPS, Academic
Advisors, and other University employees who are likely to be the first to receive
complaints of sex discrimination. The training will be in person and provide attendees
with essential guidance and instruction on recognizing and appropriately responding to
initial allegations and complaints of sex discrimination including fair and objective
communication that does not discourage victims from reporting. The training also will
instruct attendees on:
1. how students may invoke the Title IX complaint and grievance procedures required
by Sections II.A-D above, as well as any related procedures (e.g., the SCC and
Student Athlete Conduct Code procedures), and the first responder’s responsibility
to facilitate the filing of such complaints;
2. clear examples of what types of actions may constitute sex discrimination in the
University’s programs or activities, including but not limited to different types of
sex-based harassment, and what may provide the basis for a complaint pursuant to
the University’s grievance and other procedures;
3. how the Title IX process differs from the criminal one, how to notify complainants
of the right to file a criminal complaint, and how to file one;
4. how to contact the Title IX coordinator; and
5. how to provide students with this information verbally and through the resource
guide required by Section VII below (i.e., in hard copy and/or electronic form)
whenever attendees respond to such complaints.
C. By December 20, 2013, the University will provide Title IX training to all University
staff and faculty. The training will be designed to provide an understanding of the
University’s responsibilities under Title IX to address allegations of sex-based
harassment, whether or not the actions are potentially criminal in nature. In addition, the
training will cover the University’s new policies and grievance procedures for Title IX
complaints required by Section II above, and informing complainants of their right to file
7

 Title IX and criminal complaints and how to do so. The training also will cover the
University reporting requirement in Section VI.A below for reports of sex discrimination,
and the University’s policies and practices regarding the confidentiality of such reports.
The training will provide clear examples of what types of actions may constitute sex
discrimination in the University’s programs or activities, including but not limited to
different types of sex-based harassment, and what may provide the basis for a complaint
pursuant to the University’s grievance and other procedures. As part of the training, the
University will issue surveys to staff and faculty to assess their knowledge of how to
complain about and respond to sex-based harassment, as well as the effectiveness of the
training.
D. Beginning with the 2013-14 academic year, the University will ensure that all new
employees complete the training required of them pursuant to Sections V.A-C above
within one year of their employment start date.
VI.

TRACKING OF COMPLAINTS OF SEX-BASED HARASSMENT
By May 21, 2013, the University, in consultation with the Equity Consultant, will develop to
the satisfaction of the United States and institute a system for tracking and reviewing reports
(including reports that do not result in the filing of a discrimination complaint),
investigations, interim measures, and resolutions of student and employee conduct that may
constitute sex-based harassment to ensure that such reports are adequately, reliably,
promptly, and impartially investigated and resolved. The system will require, at minimum,
that:
A. all University offices, with the exception of health-care professionals and any other
individuals who are statutorily prohibited from reporting, will notify the Title IX
Coordinator within 24 hours of receiving information about sex discrimination,
regardless of whether a formal complaint was filed, for the purpose of ensuring that
individuals subject to discrimination are consistently and promptly receiving necessary
services and information;
B. the Title IX Coordinator will enter into an electronic, confidential database or spreadsheet
at least the following fields of information: the date and nature of the complaint or other
report (e.g., bystander or mandatory employee report); the name of the complainant or
that the complaint was anonymous; the name of the person(s) who received the complaint
or made the report; the name(s) of the accused; the name(s) of the person(s) assigned to
investigate the complaint, take any interim measures, and bring disciplinary charges
(where relevant); the interim measures taken, if any; the date of the findings; the date of
any hearing; the dates of any appeals; and a summary of the findings at the initial,
hearing, and appeal stages, including any actions taken on behalf of the alleged victim
and any disciplinary or other actions taken against the accused; and
C. the Title IX Coordinator will maintain records of all complaints, investigations, findings,
the basis for those findings, and appeals, including, but not limited to: the complaint; the
names of the complainant (if available), the accused, and witnesses; any statements or
other evidence submitted or collected; interview notes; correspondence relating to the
8

 investigation; actions taken on behalf of the alleged victim(s) of sex discrimination;
actions taken against the accused, including any temporary measures (e.g., temporary
eviction from University housing); records of any discipline or proposed discipline;
records of findings communicated to the parties; and records of any appeals.
VII.

RESOURCE GUIDE DEVELOPMENT

In order for the University to ensure it meets its obligation to explain clearly to students
where and how to file complaints of various types of sex-based harassment, by July 15, 2013,
the University will develop and submit to the United States for approval a resource guide on
sex-based harassment that is accessible to students and written in easily understandable
language. The guide will contain information on: what constitutes sexual harassment and
sexual assault; clear examples of what types of actions may constitute sex discrimination in
the University’s programs or activities, including but not limited to different types of sexbased harassment, and what may provide the basis for a complaint pursuant to the
University’s grievance and other procedures; what to do if a student has been the victim of
sexual assault or sexual harassment; contact information for all on- and off-campus resources
for victims of sexual assault; information on how to obtain counseling, medical attention, and
academic assistance; and where complaints can be directed, with clear explanations of the
criminal and non-criminal consequences that flow from complaints directed to particular
entities. The guide will prominently state that the victim of sexual assault or sexual
harassment has the option to pursue a criminal complaint with the appropriate law
enforcement agency, to pursue the University’s grievance and disciplinary process, or to
pursue these processes simultaneously. The guide will: make clear how to file a Title IX
complaint of sex-based harassment (including clarifying any distinctions for sexual assault
and sexual harassment if such distinctions continue to exist) or retaliation with the
University; provide the name and contact information for the University’s Title IX
Coordinator(s); include a description of the Title IX Coordinator’s role; cite links to the new
policies and grievance procedures required by Section II.A-D; and identify interim measures
the University can implement, including measures that can be taken if the accused lives on
campus and/or attends classes with the complainant.
Within 30 calendar days of the United States approving the guide, the University will provide
the United States with documentation that it has published the guide, including a link to
where the guide is posted on the University’s website, and information about the locations
and personnel on campus who have the guide available to students, including but not limited
to all first responders (e.g., SARC employees, resident assistants, the Title IX coordinator(s),
and OPS employees) who are required to offer this guide to all persons raising allegations of
sex-based discrimination and to offer to send them the link to the guide by email or text
message, as required by Section V.B above.
VIII. EDUCATIONAL CLIMATE
A. The University will ensure that the educational environment of each enrolled student who
reported sexual harassment, sexual assault, or retaliation is free of harassment and
retaliation, and if not, will take steps to eliminate the hostile environment (e.g. by
providing academic services, counseling, escort services, and changing housing
9

 assignments and scheduling for classes, dining services, etc.). Each academic semester,
the University shall document its efforts to contact such students and any steps it takes to
address the student’s environment, including the nature and duration of any such steps.
B. The University will consult with the Equity Consultant to develop one or more annual
climate surveys for all students to: 1) assess students’ attitudes and knowledge regarding
various types of sex-based harassment, including (i) sexual harassment, (ii) sexual
assault, and (iii) retaliation; 2) gather information regarding students’ experience with sex
discrimination while attending the University; 3) determine whether students know when
and how to report such misconduct; 4) gauge students’ comfort level with reporting such
misconduct; 5) identify any barriers to reporting; 6) assess students’ familiarity with the
University’s outreach, education, and prevention efforts to identify which strategies are
effective; and 7) solicit student input on how the University can encourage reporting of
sexual harassment, sexual assault, and retaliation, and better respond to such reports.
1. By the end of the 2012-13 academic year, the University will conduct student focus
groups and other means of gathering student input regarding the topics in Section
VIII.B that will be the subject of the annual climate surveys. The University will
use the focus group data and other student input to inform its development of the
surveys and the training required under this Agreement.
2. The annual climate surveys will be administered in the fall semesters of 2013, 2014,
and 2015 to all students, and will allow for respondents to answer the survey
anonymously.
3. The University will analyze the results of the survey within sixty (60) calendar days
of the date the surveys are administered for each year. The analysis will include
recommendations for the climate issues identified through the surveys.
4. Based on a review of each climate survey’s results and the recommendations of the
Equity Consultant, the University will work together in good faith with the Equity
Consultant to agree on appropriate and responsive actions to be taken by the
University.
C. By June 15, 2013, the University will develop a monitoring program to assess the
effectiveness of its efforts to prevent and address sex-based harassment and retaliation
and to promote a non-discriminatory school climate. At the conclusion of each school
year, the University will conduct an annual assessment of the effectiveness of its antiharassment efforts and submit the assessment to the United States, as required by Section
IX. Such assessment will include:
1. A review of student climate surveys (see Section VIII.B) to determine: where and
when sex-based harassment occurs; deficits in students’ knowledge of what sexbased harassment is, where to report it, and the results of reporting to different
resources (e.g., the police, SARC, OPS, the Title IX Coordinator, and a faculty
member); barriers to reporting sex discrimination; and recommendations for how
the University can better encourage reporting of and improve its response to
complaints;
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 2. A review of all reports of sex discrimination and the University’s responses to such
reports, particularly with respect to: whether such reports were adequately, reliably,
promptly, and impartially investigated and resolved; how many resulted in
disciplinary action; the University’s actions to remedy the effects of any sex-based
harassment and retaliation that occurred (i.e., tracking interim and permanent
measures); how many involved particular groups of students (e.g., first-year
students, athletes, residents of Greek houses, and off-campus residents); whether
any individuals engaged in repeat misconduct; and if so, the University’s actions to
prevent the repeated misconduct and remedy its effects;
3. Evaluation and analysis of the data collected, including an assessment of any
changes in the number or severity of reported incidents of sexual harassment and
sexual assault, particularly among subgroups of students (e.g., first-year students,
athletes, residents of Greek houses, and off-campus residents);
4. Evaluation of all measures designed to prevent or address sex-based harassment;
5. Any recommendations elicited from community members, parents, or OPS and
other law enforcement officials upon sharing information gathered for the annual
assessment (as permitted by federal and state law); and
6. Any other proposed recommendations for improvement of the University’s antiharassment program and timelines for the implementation of the recommendations.
D. By July 15, 2013, the University will update its program to provide regular mandatory
training to all students to ensure that it covers the University’s new policies and grievance
procedures for Title IX complaints. The training also will: 1) make students aware of the
University’s prohibition against sexual harassment, sexual assault, and retaliation; 2)
educate students on how to recognize such forms of sex discrimination when they occur;
3) inform students regarding how and to whom any incidents of sexual harassment,
sexual assault, and retaliation should be reported; and 4) provide a general overview of
Title IX and Title IV, the rights these laws confer on students, the resources available to
students who have experienced sexual assault, sexual harassment, and retaliation, and the
role and authority of the United States to enforce Title IX, and DOJ’s authority to enforce
Title IV.
1.
These sessions will emphasize: issues around consent in sexual
interactions; the criminal, academic, housing, athletic, and student-record-related
consequences related to committing sexual assault, sexual harassment, and
retaliation; the role of alcohol and drug use in incidents of sex-based harassment,
including how such use does not excuse the perpetrator’s conduct and how such
use relates to consent; clear examples of what types of actions may constitute sex
discrimination in the University’s programs or activities, including but not limited
to different types of sex-based harassment, and what may provide the basis for a
complaint pursuant to the University’s grievance and other procedures; how
bystanders can help; when off-campus misconduct is covered by the University’s

11

 policies and grievance procedures; and the potential consequences of lying during
an investigation.
2.
At a minimum, these sessions will be provided as part of the annual
student orientation for new students (including visiting and International
students), the class registration process for returning students, and annual
residence life orientation for students residing in campus housing. The University
also will provide additional mandatory training to all athletes and their coaches on
the revised Student Athlete Conduct Code and how it applies to sexual assault,
sexual harassment, and retaliation. The University’s Athletic Director will assist
the designated trainer in providing this training.
3. During the course of this agreement, training will be provided online and inperson during each year of the agreement. Each student will be required to
complete both online and in-person training at the earliest opportunity (e.g., new
student orientation or class registration), and to renew such training every three
years. The University will develop a system for recording the name or identifier
of each student who participated in each training required by this Section and the
date that each training was completed.
IX.

REPORTING PROVISIONS
A. Title IX Policies and Procedures
o The University will provide the United States all documents and information
identified in provisions II.A- F in accordance with the timelines set forth above.
B. Notice of Revised Policies and Procedures
o Within 45 calendar days after notice is provided to students and employees of the
new grievance procedures, the University will provide the United States with
documentation that it has implemented provision III of this Agreement, including
copies of the written notices issued to students and employees regarding the new
Title IX procedures; a description of how the notices were distributed; copies of its
revised student and employee handbooks; and a link to its webpage where the
revised Title IX procedures are located.
C. Title IX Coordinator/Notice of Nondiscrimination
o By July 15, 2013, the University will provide the United States with a draft of the
notice to be published regarding the Title IX Coordinator and notice of
nondiscrimination pursuant to Section IV above.
o Within 30 calendar days of the United States’ approval of the draft publication
pursuant to Section IV, the University will provide the United States with
documentation that it has implemented Section IV, including copies of any printed
publications, and web links to any electronic publications containing the notice.
12

 D. Training and Professional Development
o The University will provide the United States with the training materials and
agendas to be used in the trainings conducted pursuant to Sections V.A by May 30,
2013, and Sections V.B and V.C by July 15, 2013. The University will also provide
information describing the expertise and experience with regard to Title IX of the
person or persons conducting the training pursuant to Sections V.B and V.C of this
Agreement. If the United States chooses to provide comments on the proposed
training or trainers, it will do so within 45 days of receipt of the materials.
o By December 31, 2013, May 31, 2014, May 31, 2015, and December 31, 2015, the
University will provide the United States with the sign-in sheets of each employee
by name and job title for each training required by Sections V.A, V.B, and V.C. of
this Agreement, and a list of any University employee who failed to participate in
such training by name and title.
E. Tracking of Sex-Based Harassment Complaints
o By July 15, 2013, and thereafter by May 31, 2014, May 31, 2015, and December
31, 2015, the University will provide the United States with documentation
demonstrating implementation of Section VI above, including a summary of all
sexual harassment, sexual assault, and retaliation allegations reported to the
University’s Title IX Coordinator during the preceding school year and information
about the individual(s) who received and processed the initial complaints, the
outcome of the Title IX investigations, as well as the outcome of any Student
Conduct Code matters related to the allegations reported to the Title IX
Coordinator. The University also will provide an electronic database or spreadsheet
of all the data required by Section VI.B above.
F. Resource Guide Development
o The University will provide the United States with the proposed resource guide in
accordance with the timelines set forth in Section VII above. The United States will
notify the University in writing if it has any objections to the guide.
G. Educational Climate
Follow-up with Complainants
o By December 31, 2013, May 31, 2014, December 31, 2014, May 31, 2015, and
December 31, 2015, the University will provide the United States with a report
documenting its follow-up efforts with complainants as required by Section VIII.A.
Survey
o By December 31, 2013, 2014, 2015, the University will provide the United States
with a report documenting that the annual climate survey has been conducted, and
13

 including the cumulative results of the survey questions, summaries of comments
provided in the survey, the University and/or Equity Consultant’s analysis of the
survey results, and proposed actions based on that analysis and the survey
information.
Student Training
o By December 31, 2013, May 31, 2014, May 31, 2015, and December 31, 2015, the
University will provide the date and duration of each student training session
required by this Agreement; copies of all agendas for such training sessions; copies
of the training materials distributed at student trainings; electronic access to any
training provided through other media; and a list of any students who have yet to
participate in the online or in-person training required by Section VIII.D.
Monitoring Program
o By July 15, 2013, May 31, 2014, and May 31, 2015, the University will provide the
United States with a copy of its annual assessment of the effectiveness of its antisex harassment efforts, including any proposed recommendations for improving the
University’s anti-harassment program. The United States will notify the University
in writing if it has any objections to the assessment’s proposed recommendations.
If at any other time the University seeks to improve its anti-harassment program in
ways that contradict a term of this Agreement, it will provide the United States with
written notice of the proposed improvement(s) and need not wait until it submits its
annual assessment.
o Within thirty (30) days of providing the Office on Violence Against Women
(OVW) with reports regarding the University’s OVW grant, the University will
submit this report to the United States so that the United States has a full
understanding of the steps the University is taking to address sex discrimination.
X.

ENFORCEMENT
A. The United States may enforce the terms of this Agreement, Title IX, Title IV, and all
other applicable federal laws.
B. If the University, despite its good faith efforts, anticipates that it will be unable to meet
any timeline set forth in this Agreement, it will immediately notify the United States of
the delay and the reason for it. The United States may provide a reasonable extension of
the agreed timeline.
C. If OCR or DOJ determines that the University has failed to comply with the terms of this
Agreement or has failed to comply in a timely manner with any requirement of this
Agreement, one or both agencies will so notify the University in writing and will attempt
to resolve the issue(s) in good faith with the University. If OCR or DOJ is unable to
reach a satisfactory resolution of the issue(s) within thirty (60) days of providing notice to
14

 the University, OCR may initiate administrative compliance proceedings 3 and DOJ may
initiate civil enforcement proceedings in federal court.
D. The University understands and acknowledges that OCR may initiate administrative
enforcement or judicial proceedings to enforce the specific terms and obligations of this
agreement. Before initiating administrative enforcement (34 C.F.R. §§ 100.9, 100.10) or
judicial proceedings to enforce this agreement, OCR shall give the University written
notice of the alleged breach and a minimum of sixty (60) calendar days to cure the
alleged breach.
E. The University understands that the United States will monitor this Agreement until it
determines that the University has fulfilled the terms of this Agreement and is in
compliance with Title IV, Title IX, and the implementing regulations at 28 C.F.R. Part 54
and 34 C.F.R. Part 106, which were at issue in this case.
F. The University further understands that the United States retains the right to evaluate the
University’s compliance with this Agreement, including the right to conduct site visits,
observe trainings, interview University staff and students (including ex parte
communications with students and employees other than University administrators), and
request such additional reports or data as are necessary for the United States to determine
whether the University has fulfilled the terms of this Agreement and is in compliance
with federal law.
G. By signing this Agreement, the University agrees to provide data and other information in
a timely manner in accordance with the reporting requirements of this Agreement. To
ensure compliance with this Agreement, OCR and DOJ may require additional
monitoring reports or the ability to inspect data or other information maintained by the
University as determined necessary by OCR and DOJ.
XI.

MISCELLANEOUS
A. This Agreement is for the purpose of resolving a disputed claim and is not, and will not
be construed as, an admission of liability, fault, or wrongdoing of any kind by the
University.
B. This Agreement will remain in force for at least three (3) school years, and will not
terminate until at least 60 days after the United States has received all reporting required
by this Agreement through the first semester of the 2015-2016 school year.
C. This Agreement shall not bar any individual from pursuing a complaint under Title IX or
Title IV against the University.
D. This Agreement has binding effect on the parties, including all principals, agents,
executors, administrators, representatives, employees, successors in interest,
beneficiaries, assigns, and legal representatives thereof.

3

OCR may initiate compliance proceedings under 34 C.F.R §§ 100.8-100.12 and 34 C.F.R Part 101.

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