RESOLUTION AGREEMENT University of Mississippi OCR Ref. 96102069 To ensure with Title IX ol'the Education Amendments of 1W2 (Title IX), 20 U.S.C. ii 1631 er.req.. and its implementing regulation, at 34 ORR. Part 106(2011), which prohibits discrimination on the basis ol'ses. the University ol'Mississippi (UM) makes the following commitments to the Of?ce liar Civil Rights (OCR) to resolve the complaint issues in the above? referenced complaint. TITLE ix Gtusyancs Pnoccnuncs UM Poucurs/ PROCEDURES Action Item i By February 2012, UM will review and revise its current policies?n?occdures to ensure that all complaints received, whether verbal or written, alleging discrimiinuitm on the basis ol'scs. including allegations of harassment on the basis else}; or sexual violence. are appropriately investigated and responded to as required by Title and its implementing regulations. The policiesiprocedures will ensure a pronth and equitable response and resolution ot?complaints alleging sex discrimination including responsive actions taken by UM to reasonably prevent recurrence and assure that students are not restricted in their participation or bene?ts as a result of a sexually hostile environment created by students, employees or non-en?iployces by the alleged conduct. UM. shall ensure that the revised policicsi?procedurcs include, but are not limited to the following provisions, which will: a notice that the procedures apply to complaints alleging sex discrimiinttion including sexual harassment, sexual assault, and sexual Violence) by employees. students. or third parties; a an explanation elbow to tile a complaint pursuant to the procedure: 0 an explanation ol'thc informal complaint procedure and that such procedure is optional; the name or title, of?ce address. and telephone number ol?thc individual with whom to tile a complaint: I the timct?rames for the UM to attempt to informally resolve a complaint: Page 2 University of Mississippi (OCR Ref. 06102069) Resolution Agreement - de?nitions and examples ol? what types ol?actions may constitute sex discrimination (including sexual harassment, sexual assault, and sexual violence); 0 provide for the adequate, reliable, and impartial investigation of all complaints, including the opportunity for the parties to present witnesses and other evidence; I timcl?ramcs for the major stages ofthe investigation, with a provision indicating that the UM will comply with law enforcement requests I'or cooperation and such cooperation may require the UM to temporarily suspend the fact-?nding aspect of a Title 1X investigation while the law enforcement agency is in the process of gathering evidence and that the UM will resume its Title IX investigation as soon as noti?ed 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 the investigation may be longer in certain instances; a the UM will implement appropriate interim steps during the law enforcement agency?s investigation period to provide for the safety of the victim(s) and the campus community and the avoidance of retaliation; the UM will ensure that the victims are aware of" their Title IX rights and available resources, such as counseling. the local rape crisis center and their right to file a complaint with a local l'd't enforcement agency; - an assurance that the will keep the complaint and investigation con?dential to the extent possible; a written noti?cation to the parties of the outcome of" the complaint: - notice of the opportunity for the parties to appeal the findings; it an assurance that the appeal will be conducted in an impartial manner by an impartial decision-maker; - an assurance that the UM will take steps to prevent recurrence of any discrimination, with examples of the range of possible disciplinary sanctions and the types available to address the discriminatory effects on victims and others; and - Page 3 University of Mississippi (OCR Ref. Ool [12069] Resolution Agreement a statement that Title IX prohibits retaliation against any individual who idea a complaint under Title IX or participates in a complaint investigation. Reporting Requirement: By February 29, 2, UM will provide OCR, for review and approval, with copies of the revised policies referenced in Action Item 1. By April I, 2012, and subsequent to OClt?s approval, UM will provide OCR with documentation evincing how the revised policy was disseminated to students and employees. Action Item 2 By September 1. 2012, UM will notify all Ulvl students, via the Book, Student Orientation, and other means ol'communieation of the revised policieslprocedures reliet'cnced in Action item 1. The noti?cation will explain responsibility to investigate andfor otherwise resolve Title IX issnes, separate and distinct From code of conduct. Reporting Requirement: By September 30, EDIE, UM will provide OCR with documentation evineing how and when UM apprised its students of the revised policies they may utilize to report and resolve Title IX complaints, i neluding sexual harassment. as referenced in Action item 2. Action Item 3 By February IS, 2012, UM will ensure that the Title 1X coordinator is apprised, immediately, but no later than three days, of every student complaint or notification ol?any complaint of sexual harassment, including sexual assault, that is received by any UM employee. The Title IX coordinator shall document the noti?cation and any action taken. Reporting Requirement: By June 30. 2012 and June 30, 2013, UM will provide OCR with documentation regarding all Title IX student complaints or noti?cations of alleged Title violations involving students (including complaints alleging sexual harassment or sexual violence) for the 20] 2012 and 2012 - 2013 school years. UM will provide OCR with documentation ol?the Title IX Coordinator?s receipt ol?the notice and/or complaint and UM ?s response to resolve the Title IX issue, as referenced in Action Item 3. AM By April 30. 2012, and annually thereafter, UM will conduct a mandatory workshop for . administrators and staff(e.g., Dean of?Students, UPD. UM Counseling, Violence Prevention Coordinator, etc.) who are involved in processing, investigating and-'or resolving complaints of sex discrimination, including sexual harassment, sexual assault or sexual violence. The training hall include a discussion of Ulvl?s responsibility to address and resolve Title IX issues, even it Page 4 University of Mississippi (OCR Ref. 06102069) -- Resolution Agreement they coincide with possible violations of Ulvl?s code ol? conduct. The training will also address the different types of conduct that constitute sex discrimination, including but not limited to sexual assault and student on student sexual harassment, and provide guidance on recognizing such conduct prohibited by Title .lX. Additionally, the training will address Title [X's requirement, which prohibits the retaliation and intimidation ol?thosc persons involved in such investigations. Reporting Requirement: By May 31, 3.0m, and May 31, 2013, UM will provide OCR with a report detailing the date of the Title IX training workshop referenced in Action Item 4. Please include a copy ol'the agenda. copies ol'(or a list at) any handouts, quali?cations or credentials ol.? the trainerts), and a sign-in sheet identifying all persons, by position, in attendance. Action Item 5 By April 1, 20 2, UM will inform all its employees via electronic mail, ol'Uivi?s sexual assault policy and its prohibition against charging alleged victims ol?sexual assault with violations of the code of conduct alcohol policy). in addition, the noti?cation will provide guidance to all employees on recognising sexually harassing conduct prohibited by Title IX and the appropriate response when employees either observe such conduct or receive verbal or written (by students, or all interested parties) reports of such harassing conduct. The noti?cation will include the appropriate reporting procedures to UM administration to ensure that sexually harassing conduct is appropriately investigated and addressed. Reporting Requirement: By May 1, 2012, UM will provide OCR with a copy ol?thc electronic message referenced in Action item 5. Action Item ti By July 31. 2012, UM will review its campus police records for the 2009?20 school years for any complaint of sexual assault that was treated solely as a criminal matter andlor where the Title IX Coordinator was not involved. Title lX Coordinator will review the pertinent records to determine whether sexual harassment occurred in violation of Title IX and if it did, whether the remedies provided were el'ticctive. [l?the remedies were not appropriate, UM will take measures (he, the complaint, secure additional remedies) should the alleged victim or alleged perpetratorstill be enrolled as a student, to ensure the sexual harassment was fully and ei?lisctively addressed. Reporting Requirement: By August 31, 2012, UM will make available to OCR documentation showmg implementation of Action Item 6, including copies ofthe initial report, any campus police records, and the investigative tiles ot?both the campus police and. Title IX Coordinator showing the response and additional remedies obtained, it? any. Page 5 University of Mississippi 06102069} Resolution Agreement ?nwmuxr. S'runsnr REMEDIES Action Item 7 By February 1, 2012, Ulvl will reimburse Student I the following expenses: tuitiont?l'ees, housing/food and books, which she incurred for the Spring 2010 semester minus any scholarship and grant assistance she received. For ?nancial aid awarding purposes, these estimated costs (totaling 32153) are as lollows: tuition $2553, books $600, housing $2400, and Food $1600. Subtracting her Academic Excellence Scholarship of$625 and Mississippi Tuition Assistance Grant ol'$300, the net reimbursement amount should be $60.28. Reporting Requirement: By February 29. 2012, UM will provide OCR with a copy of the certi?ed letter, which accompanied the reimbursement check referred to in Action Item STUDENT Focusnn REMEDIES Action item 8 By February 29, 20l2, UM will establish a committee of students, with representation from various student groups women's groups, female/male student athletes, Sororityn?lhaternity leaders and other student leaders; Uh '5 Title IX Coordinators and others, as appropriate) to identify strategies to ensure that students understand their rights under Title 1X, understand how to report violations of Title IX and to ensure that UM taltcs each complaint sedansly and provides a prompt and equitable response in accordance with the requirements ot?Title IX. Additionally, the committee will recommend additional strategies for the prevention of sexual harassmentfsexual assault incidents, including outreach and educational activities. Reporting Requirement By May I, 2012, UM will provide OCR with documentation that it has implemented Action item 8 above, including a list of names and titles ot'the members of the appropriate student and employee groups, a copy of the group's recommended actions, and a detailed description of any strategies the group recommended to prevent incidents ofsexual harassment/sexual assault, including any outreach or educational activities. Action Item 9 By September 1, 2012, UM will include in its existing Freshman Orientation Program, a series of required topic(s) to ensure that students are aware ot?UM?s prohibition against sex discrimination (including sexual harassment and sexual assault); can recognize such sex discrimination and sexual harassment when they occur; and understand how and with whom to report any incidents ot?sex discrimination (including sexual harassment and sexual assault). Additionally, at least one required topic will specifically address the connection between alcohol abuse and sexual harassment and sexual assault, and at least one will inform students that they may speak with a UM counselor il?thcy are concerned about issues of sexual harassment andfor Page 6 - University ot? Mississippi (OCR Rel?. 06102069) Resolution Agreement sexual assault. In addition, the topics will cover the revised procedures for Title IX complaints, as well as a general overview of what Title IX is. the rights it confers on students, the resources available to students who believe they have been victims ol'scxual harassmenti?assauh, potential consequences to perpetrators, and the existence and its authority to enforce Title 1X. Reporting Reguirernent By September 30, 2012, UM will provide OCR. with documentation that it has implemented Action Item 9 above, including copies of the freshman orientation schedule, the names and titles of the employees who presented on the required topics and copies of any materials that were used or distributed regarding tlte required topics. Action Item ll] By September I, 2012, UM will include in any annual Residence Lil'e Orientation for students residing in campus housing a topic to ensure that students are aware of UM's prohibition against sex discrimimttion (including sexual harassment and sexual assault); can recognize such sex discrimination and sexual harassment; are aware of Title IX and the rights it confers on students; understand how and with whom to report any incidents of sex discrimination (including sexual harassment and sexual assault}, including where to find grievance procedures [in Title 1): complaints on UM 's website and the resources available to students who believe they have been victims oi~ sexual harassmentfassault; and potential consequences to perpetrators. Reporting Reg uirement By September 30, 2012, UN will provide OCR with documentation that it has implemented Action Item 10 above, including copies of the residence lil?e orientation schedule and copies ol? any materials that were used or distributed regarding the required topics. Curtains: Action Item By October 30, 2012, and October 30, 20t3. UM will conduct a climate check or series of climate checks with all enrolled students to assess the effectiveness ot'steps taken pursuant to this agreement or otherwise by UM, to ensure a campus free ot?sexual harassment, including sexual assaults and sexual violence. This climate check may be accomplished through a written or electronic survey, provided that students receiving the survey also are noti?ed of a contact person, such as a counselor, should they wish to discuss this issue in person. If this method is selected, the written survey must be provided to OCR for review and approval prior to its use. Information gathered during these climate checks will be used to in form future proactive steps by UM. Reporting! Reguirement I . By December 3 2012 and December 3 I . 2013, will provide OCR with a narrative summary regarding Action item II and the gathered via the climate check(s). The Page 7 University ct" Mississippi Rel?. 06102069) Resolution Agreement report will also include a descriptimt oi'ang.? action taken by UM in response to the results ot' the climate cheeks. Action Item 12 By November 30, 2012 and November 30. 20l 3. the Title 1X Coordinator will conduct a review of all Title iX, sexual harassmentfsesua! assauit complaints it has received and investigated for that school year. Reporting Reguirement By December 3 l, 2012 and December 2013, UM will report to OCR with the lioliowing information regarding the Title IX complaints received and investigations conducted by UM: the complaint allegation, the parties involved, the issue investigated, the determination and the remedy secured. AND ENFORCEMENT OF THIS UM understands that OCR will not close monitoring of this agreement until OCR determines that the recipient has ful?lled the terms of this agreement and is in compliance with the regulation implementing Title IX at 34 C.F.R. ?106.8, which was at issue in this case. UM understands that by signing this agreement. it agrees to provide data and other information in a tinter manner in accordance with the reporting requirements of this agreement. Further, UM understands that during the monitoring ot?this agreement, it' necessary. OCR may visit the UM. interview statTand students. and request such additional reports or data as are necessary for OCR to determine whether UM has ful?lled the terms ot?this agreement and is in compliance with the regulation implementing 'l'itIc lX. Dr. Daniel Jones, Chancellor/- Date University ol? Mississippi