Resolution Agreement
Xavier University
OCR Docket Number team-.2048

in order to voluntarily resolve the above-referenced complaint filed with the 11.8. Department of
Edueation, Office for Civil Rights and to ensure compliance with Title IX of the
Educational Amendments of 1972, 20 U..S.C. 1681 et seq? and its implementing regulation at
34 CPR. Port 106, Xavier Univereity (the University) agrees to implement the actions described
below. This resolution has been entered into Voluntarily by the University and does not
constitute a finding or admiesion that the University is not in compliance with Title 1X and!or its
implementing regulations.

Universithide Remedies

Title EX Grievance Procedures

1. By October 3 lg University will Smelt for its review and approval,
either draft Title IX grievance procedures or revise and consolidate its already
existing harassment procedures under the Harassment Code and the University?s
student discipline process to specificallyaddrees complaints of sex discrimination
(includmg but not limited to sexual harassment, sexual assault, and sexual violence)
on required by Title implementing regulation at 34 GER. 106.803). These
procedures will provide for the prompt and equitable response and resolution of
complaints alleging sex discrimination, including student~on?stndent diecrimination,
and including: 

0

notice that the procedures apply to complaints alleging sex discrimination
(including, but not limited to, Sexual harassment, sexual assault, and sexual
Violence) by employees, students, or third parties;

an explanation of how to file a complaint pursuant to the procedures;

the name or title, office address, and telephone number of the individual with
whom to file a complaint;

definitions and examples of What types of actions may constitute sex
discrimination (including, but not limitecl to, sexual harassment, sexual
assault, and sexual violence);

the adequate, reliable, and impartial investigation of all compleinte, including
the opportunity for the parties to present witneeses and other evidence, and the
assurance of the Title IX coordinator?s supervision and oversight of the
University?s Title lX grievance process;

timeframes for the major stages of the investigation, with a provision
indicating that the University will comply with. law enforcement requests for

 

Page 2 Resolution Agreement Xavier University OCR Docket No. 15?12~2048

cooperation and such cooperation may require the University to temporarily
suspend the factwfinding aspect of a Title investigation While the law
enforcement agency is in the process of gathering evidence and that the
University will resume its Title lX investigation as soon as notified
by the law enforcement agency that it has completed the evidence gathering .
process, which typically takes three to ten calendar days, although the delay in
theUniversity?s investigation may be longer in certain instances;

0 clarification that the University will implement appropriate interim steps
during the law enforcement a gency?s investigation period to provide for the
safety of the victim(s) and the campus community and the avoidance of
retaliation; 

assurance that victims are aware of their Title IX rights and available
resources, such as counseling and the local rape crisis center, as well as their
right to file a complaint with a local law enforcement agency;

assurance that the University will keep the complaint and investigation
confidential to the extent possible;

0 clarification that the University will not use mediation and other informal
mechanisms for resolving allegations of sexual assault, and will only offer an
informal process for resolving other types of sexual harassment complaints on
a voluntary basis when appropriate, with notification of the right to end the
informal process at any time and begin the formal stage of the complaint
process;

0 clarification that the University will not require a student victim filing a
complaint with the Carnan Police or Title 1X coordinator to sign a tic-contact
order on the sole basis that the student filed a complaint;

0 clarification that in instances where a complainant requests confidentiality the
University will take all reasonable steps to investigate and respond to the
complaint consistent with the request for confidentiality or request not to
pursue an investigation, and where the University cannot take disciplinary
action against an alleged harassei' because of a complainant?s insistence on
confidentiality, it will pursue other steps to limit the effects of the alleged
harassment and prevent its recurrence;

written notification to the parties of the outcome of the complaint;
0 notice of the opportunity for the patties to appeal the findings;

0 an asSnrance that the appeal will he conducted in an impartial manner by an
impartial decision?maker;

Page 3 - Resolution Agreement Xavier University OCR Docket No. 15~12?2048 

0 an assurance that the University will take steps to prevent recurrence of any
discrimination, with examples of the range of possible disciplinary sanctions
and the types of remedies available to address the discriminatory effects on
victims and others; and

a statement that Title IX prohibits retaliation against any individual who files
a complaint under Title ill: or participates in a complaint investigation.

By October Ell, 2012, the University will provide
OCR with a copy of its revised draft Title lX grievance procedures or revised
harassment procedures pursuant to item 1 above.

2. Within so calendar days of receipt of the OCR~approved, revised 'l?itle Dal grievance
procedures developed in accordance with item 1, the University will adopt and
implement the procedures and will provide all students and employees with electronic
or written notice regarding the new grievance procedures, together with information
on how to obtain a copy of the procedures. The University, at a minimum, will make
this notification through the University?s website and electronic mail messages to
employees and students, as well as by soy other additional rooms of notification the
University deems effective to ensure that the information is widely disseminated.
The University may adopt and publish the procedures at an earlier date? and will them.
within such timeliness described in this item 2 adopt and publish necessary
amendments, if any, after receipt of the described response from OCR.

Training for Title lX Coordinator and University Personnel

3. Within 45 calendar days of receipt of the OCRuspproved, revised 'lf?itle lX grievance
procedures developed in accordance with item 1, the University will provide Title IX
training to its Title Coordinator, any other coordinators, Campus Police staff, and
shy University officials and administrators who will be directly involved in
processing, investigating) and/or resolving complaints of sex discrimination
{including sexual harassment? sexual assault. or sexual violence) or who will
otherwise coordinate the University?s compliance with Title lX. This training will
cover the University?s grieVaoce procedures for Title IX complaints and will provide
attendees with instruction on recognizing and appropriately addressing allegations
and complaints pursuant to Title lX. he training will cover sex. discrimination
(including sexual harassment, sexual assault, and sexual violence) and the
University?s responsibilities udder Title Hi to address allegations of sexually
inappropriate behaviors, whether or not the actions are potentially criminal in. nature,
and the need for a process of coordination between Campus Police and the Title lX
Coordinator. Additionally the training will include instruction on how to conduct
and document adequate, reliablea and impartial Title lX investigations, including the
appropriate legal standards to apply in a. Title IX investigation (which differ from a
criminal investigation), as well as how the University?s responsibilities under Title IX.
and the Glory Act, 20 USE. l092(f), differ. Further? the training will advise staff

 

Page 4 ?m Resolution Agreement Xavier University OCR Docket No. 1542-2048

to ensure that victims of sexual offenses that are criminal in nature are aware of the
University?s Title 1X obligations and its Title 1X grievance procedures.

4. By October 31, 2012, the University will develop an ongoing Title 1X program for
staff and faculty that will include annual training and annual written notices from the
University to all staff and faculty. All staff and faculty will be invited to participate

in one or more offered in~depth training sessions and to participate in refresher
sessions on an annual basis thereafter. The goal of the training will be to ensure that
University staff and faculty are aware of any changes to the law, University policy,
and University practices in this area. in addition, this ongoing training will address
the process of ensuring coordination betweenCarnpus Police and the Title IX
Coordinator. Further, all staff and faculty will be sent an annual notice from the
University that addresses the topics described in the two preceding sentences.

REPORTING Within 15 calendar days of implementing item 2
above, the University will provide QCR with documentation showing that it has
implemented items 2, 3, and 4 above, including but not limited to a copy of documents
showing that the University adopted and provided notice of its revised Title IX grievance
procedures pursuant to item any agendas, outlines, handouts, and sign-in sheets from
the training(s) provided tofacult?y and staff, a description of the qualifications of the
presenters, a copy of the training program developed pursuant to item 4, and a copy oi? the
notice sent Out pursuant to item 4. By August 9, 2013, and August 9, 2014, the
University will submit to OCR copies of the complete documentation of all sexual

 

harassment investigations the conducted during the 2012~2013 and 2013~2014
academic years respectively, including but not limited to interview memoranda,
investigation notes, evidentiary documents such as transcripts and records, written
findings of fact and other conclusions, and appeal decisions.

to Student~Focused Remedies

OCR understands that the University established a Title lX Task: Force (the
during the 201 '1 ~12 academic year comprised of representatives of
various University constituencies (including the Women?s Center,the Advocate
Program, Student Government Association, Student Life, Health and Counseling, the
Green Dot Program, Athletics, Office of Multicultural Affairs, and other groups
focused on prevention of sexual assault already in operation on campus) to review
and revise the University?s policies and procedures for compliance with Title By
October 3 l, 2012, the University will add additional representative leaders from the
student community (cg, women?s groups, athletes, residential assistants, fraternity
and sorority leaders, etc.) to the Conunittee. The University will. ensure that the
Committee continues to take steps to identify strategies for ensuring that students
understand their rights under Title EX, as well as how to report possible violations of
Title IX, and feel comfortable that the University officials to Whom they make such
reports will take them seriously and and equitably respond. As part of its
ongoing work, the will continue to identify strategies for the prevention of
sexual harassment/sexual assault incidents, including outreach and educational

 

'Page 5 -- Resolution Agreement Xavier University OCR Docket Not 15? 122048

activities such as continuing the requirement that all incoming freshman take a course
or attend a workshop that highlights the connection between alcohol abuse and sexual
harassment and sexual Violence. At a minimum, the University will be responsible
for offering a series of informational session(s) to students to ensure that they are
aware of the University? prohibition against sex discrimination (including sexual
harassment, sexual assault, and sexual violence); can recognize such sex
discrimination, and. sexual harassment when they occur; and understand how and with
WhOl?l?t to report any incidents of sex discrimination (including sexual harassment,
sexual assault, and sexual violence). in addition, the sessions will cover the
University?s grievance procedures for Title 1X complaints, as well as a general
overview of what Title 1X is, the rights it confers on students, the resources available
to students who believe they have been victims of sexual horassment/assault/Violence,
and the existence of OCR and its authority to enforce Title 1X. These sessions will be
provided as part of the annual student orientation for new students, annual refresher
sessions for returning students, and arurual residence life orientation for students
residing in campus housing,

6t By October 31, 2012, the University will develop and submit to OCR for its review a
pamphlet on sexual harassment. The pamphlet will contain information on what
constitutes a sexual harassment, what to do if you have been the victim of sexual
harassment, and contact information for on and off?campus resources for victims of
sexual harassment? in addition, the University will include information on how to file
a complaint of sexual harassment with the University, how to file a separate
complaint of sexual assault with the University, the name and contact information for
the University? Title Coordinator(s) and a description of the Title 1X .
Coordinator?s role, information on how to obtain counseling and academic assistance
in the event of sexual, harassment, and information on what interim measures can be
taken if the alleged perpetrator lives on campus and/or attends classes with the victim.
The foregoing information also will be included in any other Title lX publication
referenced in and covered during any Title lX training required by this agreement.

Within 45 calendar days of receipt of written notification from OCR that the above
referenced pamphlet complies with Title Di, the pamphlet will be posted on the
University?s website, included in the University?s student handbooks and staff
handbooks, discussed at all future student orientations, and distributed at any sex
discrimination awareness events held in accordance with item 5 above. The pamphlet
or an abbreviated bulletin containing the key information in the pamphlet also will be
widely posted throughout the campus buildings, in particular in residence halls,
athletic facilities, student unions, and fraternity and sorority houses, In addition, the
pamphlet will be distributed by the University to each individual who makes a
complaint of sexual harassment and/or assault. inserts may be used in any printed
items until they are republished. The University may adopt and publish the pamphlet
at an earlier date, and will then. within such tiineliues described in this item 7 adopt
rind publish necessary amendments, if any, after receipt of the described response
from OCR.

Page 6 - Resolution Agreement Xavier University - OCR Docket No. lS~12w2048

8.

10,

ll.

By October 31, 2012, in conjunction with OCR present on campus and with 
assistance, and again, at the cod of the 2012-2013 and 2013n2014 academic years
without the assistance of OCR, the University will conduct, with the support and
assistance of student group leaders on campus, climate check. or series of climate
checks with students on campus to assess the effectiveness of steps taken pursuant to
this Resolution Agreement or otherwise by the University to ensure a campus free of
sexual harassment, including sexual assault and sexual violence, Information
gathered during these climate checks will he used to inform future proactive steps
taken by the University.

By November 30, the University will develop a monitoring program to assess
the effectiveness of its anti-harassment efforts. In developing the monitoring
program, the University will take into consideration the recommendations and
suggestions made by its Committee identified in item. 5 and the information gathered
during the climate checks described in item 8. At or before the conclusion of each
academic year, the University will conduct an annual assessment of the effectiveness
of its efforts. Such assessment shall include:

a, Consultation with the Committee established ptu?suaot to item 5 above;

Student and faculty surveys and at least one public meeting each. academic
year to identify studeut and faculty concerns and to determine where and
when harassment on the basis of sex occurs;

A review of all reports of harassment and University responses;

d. Evaluation and analysis of the data collected, including a disaggregated
assessment of whether the reported incidents of harassment have increased
or decreased in number and severity; and

6. Proposed recommendations for improvement to the University?s anti?
harassment program and timelines for the implementation of the
recommendations.

By November 30, 2012, the University will review its campus police records for the
and 20l 142012 academic years and, for the complaints of sexual
assault/sexual violence that were treated solely as a criminal or disciplinary matter
and/or Where the Title lX Coordinator was not involved, the University?s Title lX'
Coordinator will review the matter to determine whether the victim or the alleged
perpetrator is still enrolled as a student and, if the incideut(s) in question raise
possible sexual harassment, take appropriate steps to address the harassment.

By August it), 2012, the University will issue a letter to Student A offering to
reimburse her for counseling services undergone from April 8, 201.1 through the
present that relate to the sexual harassment at issue in the complaint, to he paid Within
two weeks of Student A?s production to the University?s Title or Coordinator of
supporting documentation, such as billing irivoices, receipts, cancelled checks, or
other similar records of Student A?s out~of~pocket costs for the counseling, and

 

Page "7 - Resolution Agreement Xavier University OCR Docket No. l5?12?2048

reimbursement of the out~oprocket costs for individual counseling twice a month by
a licensed therapeutic counselos of Student A?s choice for one year from the date of
this Agreement, also to be paid. upon Student A?s production of supporting
documentation of the cost of the counseling to the University?s "l?itlc 1X coordinator,
The counseling for Student A may start immediately upon receipt of her written
acceptance of the University?s offer by the University?s Title IX coordinator. lf

Student A fails to notify the University of her acceptance of the offer of counseling

l2,

by September 2012, then Student A will be deemed to have rejected the offer.

hi the event that the male student at issue in the above?referenced complaint returns to
the University at any time during Student A?s em'ollment, the University, withinone
week of the male student?s registration or readmission, will take appropriate measures
to protect Student A in the educational setting, which could include some or all of the,
following: the enforcement of a ?no contact? order prohibiting the male student?s
contact with Strident A, directly in through third. party; prohibiting the male
student?s enrollment in the same courses, academic activities, and extracurricular
activities in which Student A is enrolled; and/or the designation of a contact person
for Student A, on campus should the male student approach Student A or otherwise
Violate the order.

 

Remedies

By Gc-tober 31, 2012, the University Will provide OCR with documentation that it
has implemented item 5 above, including as list of names and titles of the members
of the Committee; the dates of and copies of any minutes of Committee meetings;
a copy of the Committee?s recommended actions; a detailed description of each
informational session; the date(s) the sessions were held; the names, titles, and
qualifications of the individuals who led the infOtmationsl sessions; and copies of
any written materials distributed during the sessions. The University will also
provide OCR with a copy of the pamphlet referenced in item 6 above.

0 Within 60 calendar days of approval of the pamphlet referenced in item 6
above, the University will provide GCR with documentation that it has
implemented item 7 above, including link to where the pamphlet is posted on
the University?s website, documentation that it will be discussed at future student
orientations, copies of the University?s student and staff handbooks (or inserts),
and the name, title, and contact infonnetion for the individushs) at the Campus
Police Office responsible for distributing the to each individual. who
makes sexual assault complaint.

0 lily October Ell, 2012, 20M, and 20l5, the University will provide OCR
with documentation demonstrating implementation of item 8 above, including

 

Page 8 - Resolution Agreement Xavier University - OCR Docket No. 15w l2-2048

summaries of the information obtained and proposed actions based on that
information. .

By November 30, 2012, the University will provide OCR with a description of its
monitoring program described in item 9, and will provide thereaften by
September 21, 2013 and 2014, documentation demonstrating that it conducted
annual assessments pursuant to the monitoring program.

0 By Nevembet 30, 2012, the University will provide OCR with documentation
showing implementation of item 10 above, including copies of the initial report,
any campus police records, and the investigative files of both the campus police
and the University?s Title IX Coordinator showing the response and remedies
obtained, if any"

0 By September 21, 2012., the University will submit to GCit documentation
verifying its implementation of item ll above? including documentation to show
the University?s reimbursement to Student A of her out~of-poeket costs for
counseling expenses during the time periods specified related to the harassment.
By August 16, 2013, the University will submit documentation to OCR to show
that Student A was provided cotmseling services or that she refused the
University?s offer, to further verify its implementation of item 1 1. in addition, to
Show compliance with item 12, the University will provide OCR with either
documentation of the measures the University took to protect Student A in the
event that the male student returned to the University, or a Statement that the male
student did not return to the University.

   

The University understands that OCR will not close the monitoring of this'agteement until. the
University has fulfilled the terms of this agreement and is in compliance with ?l?itle Di: and its
implementing regulation at 34 (LEE. and 106.3 l, whieh were at issue in this case.

The University understands that, by signing this agreement, it agrees to provide data and other
information in a timely manner in accordance with the reporting requirements of this agreement,
Further, the University understands that during the monitoring of this agreement, if necessary,
OCR may visit the University, interview staff and students,and request such additional reports or
data as are necessary for OCR to determine Whether the University has fulfilled the terms of this
agreement and is in compliance with Title and its implementing regulation at 34 
106.8(b) and 10631.

 

Page 9 Resolutieii Agreement Xavier Univereity OCR Docket No. 1.5420048

The Univereity understands and acknowledgee that OCR may initiate administrative enforcement
or judicial to? enforce the Specific terms and obligations of this agreement. Before
initiating edminietrative enforcement (34 Cf?. 100.9, 100.10), orjudieial proceedings to
ei?iforee 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. 

Scott A. Cliadwick, phi). Date
Provost and Chief Academic Officer
Xavier University

21.25/42