RESOLUTION AGREEMENT
OHIO STATE UNIVERSITY
OCR DOCKET #15-10-6002
The U.S. Department of Education, Office for Civil Rights (OCR), initiated this proactive
compliance review of The Ohio State University (the University) on June 23, 2010, pursuant to
Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §1681 et seq., and its
implementing regulation, 34 C.F.R. Part 106, which prohibits discrimination based upon sex in
any education program or activity receiving Federal financial assistance.
The University has embarked on the development and revision of policies specifically designed
to implement the statutory requirements and relevant guidance from governmental agencies, and
to develop better practices in its processes of prevention and response to these issues. To date,
actions already taken by the University have included the following:
 Appointment of a Title IX Coordinator with electronic and public forum communications
about the appointment and role.
 Creation of the Office of University Compliance and Integrity, which addresses, among
other things, Title IX compliance, and houses the Title IX Coordinator.
 Creation of a Title IX webpage with a collection of resources designed to be a “one-stop
shop” for securing information about Title IX and sex discrimination.
 Creation of a University-wide Title IX notice of nondiscrimination, including web links
to the statement on the footer banner of many of the University web pages, including the
University’s Title IX web page.
 Appointment of Deputy Title IX Coordinators with electronic notification of their
identity and contact information.
 Additions to the Student Conduct web page with links to various resources, including the
Student Code of Conduct; information about sexual harassment; hearing procedures;
information about sexual violence, including but not limited to information about Title IX
compliance; definitions; the University’s sexual misconduct policy; consent; filing
complaints; the standard of proof applied; victim resources; law enforcement; no contact
orders; protection orders; accused’s rights; and victim’s rights.
 Appointment of the Sexual Violence Consultation Team (SVCT), a group of first
responders who meet monthly to discuss all sexual harassment/violence complaints
received to determine whether/not the correct responder is investigating the complaint;
that the correct resources are being provided; to ensure that the correct referrals are being
made, and to provide review and input on related issues and inquiries.
 Training on Title IX issues for segments of the University community, ranging from indepth multi-session training for individuals with specific responsibilities under the policy,

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to sessions for targeted departments or administrative groups; and training for new and
returning students.
 A system of cooperation between the University police and University officials charged
with investigating complaints of sexual harassment/violence.
 Demonstrated responsive and appropriate actions taken against students, faculty and staff
who violate Title IX as it relates to sexual harassment and sexual violence.
 In response to a University finding of a sexually hostile environment in the University’s

marching band, issuance of a statement from the University president to the campus
community assuring the community of the University’s commitment to address violations
of Title IX and to provide a safe campus.
The University agrees to take the following steps:
I.

TITLE IX COORDINATOR
By November 15, 2014, the University will develop a statement of roles and
responsibilities and mandatory training requirements for its Title IX Coordinator to, at a
minimum, include:
A. The Title IX Coordinator(s) will coordinate with appropriate administrative, student
services, and law enforcement offices on campus (e.g., housing, academic deans,
health and counseling services, University Police Department (UPD), Human
Resources, and Student Judicial Affairs (SJA)) in order to identify and address any
patterns or systemic problems under Title IX and to assess the overall efficacy of the
coordination among these various offices.
B. The Title IX Coordinator will have expert knowledge of the University’s Title IX
grievance procedure(s) and oversee all Title IX complaints received by the Title IX
Coordinator and all other departments, offices, and individuals delegated the
responsibility for receiving and/or investigating complaints of sex discrimination,
including sexual harassment and sexual assault, and will address any patterns or
systematic problems that arise during the review of such complaints and assess
overall efficacy of coordination and of overall response by the University to sexual
misconduct, including the implementation and efficacy of interim measures taken to
protect the parties during the grievance process, steps taken to stop sex
discrimination/harassment found to have occurred and prevent its recurrence,
eliminate any hostile environment that has been created for students, and steps taken
to remedy its discriminatory effects on the complainant and others, as appropriate.
C. The Title IX Coordinator will be responsible for the prompt investigation of
complaints alleging sexual harassment; making findings as to whether sexual
harassment occurred or not; identifying remedies (including interim measures)
necessary to address the sexual harassment, eliminate any hostile environment, and

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prevent its reoccurrence; and serving as consultant to any disciplinary hearing panel
where sexual harassment has been determined to have occurred to ensure the
University’s compliance with Title IX. To the extent that any of these duties will be
delegated to other individuals at the University, the statement will clearly state what
will be delegated to whom and how the Title IX Coordinator will retain oversight of
any delegated responsibilities.
D. The Title IX Coordinator will oversee the provision of initial and ongoing training on
the substantive requirements of Title IX and how to investigate complaints under
Title IX that allege sex discrimination, including sexual harassment and sexual
violence, filed by students, staff, and faculty to any deputy coordinators and any other
individuals from any University department or office delegated the responsibility for
receiving and/or investigating complaints of sex discrimination, including sexual
harassment and sexual assault.
E. The Title IX Coordinator will have responsibility for the development, scheduling,
and implementation of regular events hosted by or supported by the University
leadership on campus to raise awareness in the campus community about all forms of
sex discrimination (including sexual harassment and sexual assault) and the
University’s policies and procedures regarding such matters, so as to reinforce to the
University community the importance of this issue to the University administration.
F. The Title IX Coordinator will retain ultimate oversight responsibility for any deputy
coordinators the University designates to assist the Title IX Coordinator. The
University also will develop specific statements of roles and responsibilities for each
deputy coordinator that clearly delineate the scope of each deputy coordinator’s
duties and their subordinate roles to the Title IX Coordinator.
G. The Title IX Coordinator will be responsible for providing information to students
and employees regarding their Title IX rights and responsibilities, including
information about the resources available on and off campus, the formal and informal
complaint processes, the availability of interim measures, and the ability to file a
complaint with local law enforcement and complaint with the University
simultaneously.
H. The Title IX Coordinator will be responsible for the development, scheduling, and
implementation of necessary periodic Title IX training for the University community
(i.e., staff, faculty, resident assistants, coaches, students, etc.).
I. The Title IX Coordinator will be responsible for periodic review and assessment of
the University’s Title IX procedures, and any related policies and procedures, to
ensure that they are consolidated to the maximum extent possible to provide an
efficient resource for students, faculty, and staff.

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J. Neither the Title IX Coordinator nor any deputy coordinators should have other job
responsibilities that create a conflict of interest with regard to their duties and
responsibilities under Title IX.
K. The Title IX Coordinator will be responsible for communicating with the UPD
regarding the University’s obligations under Title IX and serving as a resource on
Title IX issues. The Title IX Coordinator will be given access to UPD records
regarding Title IX investigations, so long as it does not compromise the criminal
investigation or is otherwise prohibited by law.
L. The Title IX Coordinator will be responsible for coordinating the development and
implementation of annual assessments (i.e. surveys) of campus climate with regard to
sexual harassment and sexual violence.
REPORTING REQUIREMENT:
By November 15, 2014, the University will provide OCR with the statement drafted
pursuant to Item I above, and copies of any University publications, website links, or
other materials where the statement has been published.
II.

DOCUMENT MAINTENANCE

The University will maintain comprehensive documentation of its receipt, investigation, and
resolution of all oral and written complaints, reports or other notice of sexual harassment.
Effective immediately, in addition to the documentation it already maintains, the University will
also maintain documentation fully detailing any interim measures afforded to complainants
pending the completion of an investigation and, where sexual harassment is found to have
occurred, documentation fully detailing all the steps, individual and systemic, the University
took to stop the harassment, prevent its recurrence, eliminate any hostile environment, and
remedy its discriminatory effects on the complainant and any others as appropriate.
REPORTING REQUIREMENT:
1. By December 15, 2014, the University will provide to OCR verification that it is
implementing the documentation system described in Item II.
III.

TITLE IX POLICIES, PROCEDURES, AND RELATED WRITTEN MATERIALS
A. By October 15, 2014, the University will submit for OCR review and approval a
revised general notice of nondiscrimination to comply with the applicable
requirements of the Title IX regulation at 34 C.F.R. § 106.9 regarding notice of
nondiscrimination. As part of its revisions, the University will re-title its notice of
nondiscrimination “Notice of Nondiscrimination” and remove “Title IX” from the
title; revise the document to make clear it is the University’s, and not solely Human
Resources,’ notice; and add notice and contact information of the University’s other

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civil rights coordinators in every place the notice of nondiscrimination is published,
including the University’s Title IX web page.
B. To address sexual harassment, including sexual violence, the University currently has
in place a number of policies, procedures, guidelines, and other related documents,
including, but not limited to: sexual harassment policies and procedures published on
the Title IX web page of the Office of University Compliance and Integrity; the
Sexual Violence Response Guidelines; Policy Guidelines: Sexual Harassment by
Students in the Non-Employment Context; Code of Student Conduct; OSU’s Sexual
Misconduct Policy; Human Resources Policy 1.15: Sexual Harassment Policy;
Human Resources Guidelines for Investigating Complaints of Discrimination and
Harassment; Human Resources Policy 1.10: Affirmative Action, Equal Employment
Opportunity & Non-Discrimination/Harassment Policy; resource materials published
by the Student Wellness Center; and resource materials published by the Office of
Diversity and Inclusion.
By October 15, 2014, the University will conduct a comprehensive review of all of
the documents listed above, and any additional relevant published University
materials through any University department or office, and submit for OCR review
and approval revised sexual harassment policies and procedures and other related
documents for complaints and reports of harassment involving students, faculty, staff,
and third parties. The University will revise or eliminate the policies and procedures
as appropriate, including revising or adding cross-references and links between the
various documents, to ensure, at a minimum:
1. All University policies, procedures, guidelines, and other documents are internally
consistent and do not contain conflicting/contradictory information.
2. The documents clearly and consistently state the University’s commitment to
respond to all complaints and reports of sexual harassment as well as any other
incidents of sexual harassment of which it knows or should know about.
3. The documents clearly and consistently state the specific University employees
and/or offices that are responsible for accepting, investigating, and resolving
complaints of sexual harassment, including sexual violence. If this varies
depending on the type of complaint, they will clearly and consistently state where
each specific type of complaint is to be filed, investigated, and resolved.
4. The documents clearly and consistently explain how complaints of sexual
harassment by third parties can be made.
5. The documents clearly and consistently explain the specific University policy
and/or procedure that applies to each type of complaint investigation.

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6. The documents provide consistent definitions of and guidance about the University
terms “sexual harassment,” “consent,” “sexual violence,” “sexual assault,” and
“sexual misconduct.”
7. Complainant’s rights in the sexual harassment grievance process are consistently
stated and are equitable to the rights afforded the alleged perpetrator of the
harassment.
8. The alleged perpetrator of harassment’s rights in the sexual harassment grievance
process are consistently stated and are equitable to the rights afforded the
complainant.
9. The documents clarify that, in determining whether sexual harassment against a
student resulted in a sexually hostile environment, the University will also consider
the conduct in question from both a subjective and objective perspective.
10. The documents clearly describe the protections afforded against retaliatory
harassment.
11. With regard to mandatory reporting of sexual harassment by employees, the
documents clearly and consistently state who the specific “appropriate university
officer” to whom the report should be made is for each type of harassment to be
reported.
12. The documents provide clear and consistent assurance that, regardless of which
University employee or entity processes the complaint, the Title IX Coordinator
will maintain oversight of the complaint investigation and resolution, will be
provided written notice of the complaint and the investigation determination, and,
where sexual harassment is found to have occurred, will oversee the steps the
University will take in response. These steps will not just include discipline
against the harasser or steps to stop the harassment, but will also include all steps
necessary, individual and systemic, to prevent recurrence, to eliminate any hostile
environment and to remedy the discriminatory effects of the harassment on the
complainant and others, as appropriate. The documents will provide description of
the various steps and remedies that might be provided depending on the
investigation findings.
13. The documents, especially but not limited to the documents provided by the
Student Wellness Center, the Office of Diversity and Inclusion, and Human
Resources, clearly state the existence of, contact information for, and roles of the
Title IX Coordinator and deputy Title IX coordinators.
14. The documents clearly and consistently explain the availability of interim
measures (e.g., no contact order; change in academic or living situations as
appropriate with minimum burden on the complainant; counseling; health and
mental services; escort services; academic support; the ability to retake a course or

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withdraw without penalty) before the final outcome of an investigation to ensure
equal access to the University’s education programs and activities and protect the
complainant as necessary. Information about interim measures will be made easy
to locate and understand (e.g., with corresponding, obvious content titles instead of
potentially confusing titles such as “Accommodations”). The documents will
make clear that the Title IX Coordinator or other specifically designated University
employee will coordinate the provision of interim measures, and that complainants
will not be required to arrange such measures by themselves through multiple
University departments and offices. The documents will also ensure that, when
taking interim measures, the University will minimize the burden on the
complainant.
15. All procedures and guidelines used to investigate sexual harassment complaints
(e.g., the Human Resources Guidelines, the Student Conduct Policy Guidelines,
etc.) state provisions for adequate and reliable investigation of complaints,
including the opportunity for both the complainant and the alleged perpetrator of
the harassment to identify witnesses and other evidence; designated and reasonably
prompt timeframes for the major stages of the investigation (i.e., conducting the
fact-finding investigation, completing the decision-making process to determine
whether the alleged sexual harassment occurred and created a hostile environment,
issuing written notice of the outcome of the investigation, and determining the
actions the University will take to stop the harassment, eliminate the hostile
environment, prevent its recurrence, and remedy its discriminatory effects.
16. The documents clearly and consistently state that any informal mechanisms for
resolving sexual harassment complaints are only to be used if the parties agree to
them; that it is not appropriate for a student who is complaining of harassment to
be required to work out the problem directly with the alleged harasser, and
certainly not without appropriate involvement by the University (e.g., participation
by a counselor, trained mediator, or, if appropriate, administrator); that in some
cases, such as alleged sexual assaults, mediation will not be appropriate even on a
voluntary basis; and that the complainant must be notified of the right to end the
informal process at any time and begin the formal stage of the complaint process.
17. The documents provide clear assurance that, for circumstances in which there is a
preponderance of the evidence that sexual harassment in violation of Title IX
occurred but insufficient evidence that a particular student or employee violated
the University’s conduct codes, the University will still take other necessary steps
to stop the harassment, prevent its recurrence, eliminate any hostile environment,
and remedy the discriminatory effects of the harassment on the complainant and
others, as appropriate.
C. Within 60 calendar days of receipt of the OCR-approved nondiscrimination notice,
Title IX grievance procedures for complaints of sex discrimination, and revised
sexual harassment policies, procedures, and other related documents, the University
will certify to OCR that the University has formally adopted the revised documents;

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updated all printed publications and online publications with the revised documents
(inserts may be used pending reprinting of any printed publications); and
electronically disseminated the revised grievance procedures to students and
employees.
D. By October 15, 2014, the University will revise the information on its Campus Police
web page under the “Reporting Sexual Assault” link, to clarify that interim measures
taken during an investigation of a complaint of sexual harassment or assault should
minimize the burden being placed on alleged victims of sexual assault. The
University will also revise the information on its Campus Police webpage to indicate
that the campus police will ensure that complaints of sexual harassment/violence are
forwarded to the Title IX Coordinator for appropriate action.
E. If OCR has any objections to the documents provided by the University for review
under Item III (A-B), OCR will notify the University of its objections promptly, no
later than 60 calendar days after receiving the draft documents.
REPORTING REQUIREMENTS:
1.

By October 15, 2014, the University will submit the revised nondiscrimination
notice, Title IX grievance procedures for complaints of sex discrimination other than
harassment, and revised sexual harassment policies, procedures, and other related
documents drafted under Item III (A-B) to OCR for review and approval. The
University will also submit links to the revised portions of the Campus Police web
page pursuant to Item III.D.

2.

Within 60 calendar days of receipt of the OCR-approved statement, policies,
procedures, and other documents, the University will submit documentation
verifying its implementation of Item III.C. This documentation will include
evidence of the electronic dissemination of the revised grievance procedures to
students and employees, a list of the titles of the publications in which the
information appears (e.g. college catalog, Title IX web page, student handbook) as
well as a copy any such publications, which may include either a printout or a link to
an online publication containing the revised grievance procedures or, if not yet
finalized, a copy of the insert for printed publications. The University will also
provide documentation of how the revised procedures were distributed and that
University police, the Title IX Coordinator, students, employee union leaders,
Human Resources personnel, Student Conduct personnel, and other appropriate
University community members.

3.

By June 15, 2015, and by the same date annually thereafter through June 15, 2017,
the University will submit to OCR copies of all Title IX complaints filed with the
University that allege sexual harassment, including sexual violence or sexual assault,
during the previous year, and the University’s notice to the parties of the final
outcome of the grievance. Pursuant to this requirement, the University will provide
OCR upon request additional documentation related to the investigation of each

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complaint, such as witness interviews, investigator notes, evidence submitted by the
parties, investigative reports and summaries, documentation regarding interim
measures provided or offered, any final disposition letters, hearing records,
disciplinary records, documentation regarding any appeals, and documentation
regarding additional steps taken to stop harassment found to have occurred,
eliminate any hostile environment, prevent recurrence of the harassment, and remedy
its effects on complainants and others as appropriate.
IV.

TRAINING
A. The University will provide periodic, comprehensive training, overseen by the Title
IX Coordinator, to deputy coordinators and any other University officials and
administrators from any office or department (e.g., Human Resources, Student
Conduct, etc.) who will be directly involved in processing, investigating and/or
resolving complaints of sex discrimination (including sexual harassment and sexual
assault) or who will otherwise play a role in coordinating the University’s compliance
with Title IX. By December 15, 2014, the University will revise and submit to OCR
for approval its existing training materials as necessary to incorporate the
clarifications and changes outlined in Item III (A-B). This training will cover, at a
minimum: the University’s obligations regarding the investigation of Title IX
complaints filed by students, staff, and faculty; instruction on how to conduct and
document adequate, reliable, and impartial Title IX investigations, including the
appropriate legal standards to apply in a Title IX investigation; and confidentiality
requirements; the identity and responsibilities of the Title IX Coordinator and
deputies; the University’s revised Title IX policies and grievance procedures; the
student conduct hearing process; the University’s proactive efforts to prevent sexual
violence; and available resources for the complainant and the respondent.
B. Within sixty (60) days, OCR will review and approve the training materials to ensure
they cover the items outlined in Item IV(A), above.
C. By June 15, 2015, and by the same date annually thereafter, the University will
provide training on Title IX sex discrimination, including sexual harassment, to
administrators, professors, instructors, residential assistants, coaches, University
police, all of its housing (including any student employees) staff and other staff who
interact with students on a regular basis. By December 15, 2014, the University will
revise its training materials, including any online training modules, as necessary to
incorporate the clarifications and changes outlined in Item III (A-B). Within sixty
(60) days, OCR will review and approve the training materials to cover the
information outlined. The training will provide essential guidance and instruction on
recognizing and appropriately addressing allegations and complaints of sex
harassment; an understanding of the University’s responsibilities under Title IX to
address allegations of sexually inappropriate behaviors, whether or not the actions are
potentially criminal in nature; and the employees’ obligations for reporting sexual
harassment that they observe or are otherwise aware of. In addition, the training will
cover the University’s revised Title IX grievance procedures for Title IX.

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D. By December 15, 2014, the University will review and revise its existing freshman
orientation programs and materials (including information that is sent to students after
acceptance of their offer of admission to the University by the University President)
to include information specifically targeted to effectively raise awareness among its
student population of Title IX and what it prohibits and the rights it confers on
students; the University’s prohibition against all forms of sex discrimination
prohibited by Title IX, including sexual harassment and sexual violence, including
how to recognize sex discrimination and sexual harassment when it occurs; how and
with whom to report any incidents of sex discrimination (including sexual harassment
and sexual assault); the University’s policies on underage alcohol consumption as
well as the connection between alcohol abuse and sexual harassment and sexual
violence, who to speak with if they are concerned about issues of sexual harassment
and/or sexual assault; and the identity and role of the Title IX Coordinator(s) and
delegates with regard to ensuring the University’s compliance with Title IX,
including investigating complaints of sex discrimination, including sexual harassment
and assault, and her contact information. In addition, the orientation sessions will
cover the University’s updated grievance procedures for Title IX complaints,
incorporating all of the clarifications and changes described in Item III (A-B) above.
Within sixty (60) days, OCR will review and approve the training materials to ensure
they cover the items outlined above.
E. By December 15, 2014, the University will revise its existing orientation sessions
held for returning students, and any annual residence life orientation for students
residing in campus housing, to include a series of required informational session(s) to
ensure that students are aware of Title IX and what it prohibits and the rights it
confers on students; the University’s prohibition against sex discrimination (including
sexual harassment and sexual assault); how to recognize such sex discrimination and
sexual harassment when it occurs; how and with whom to report any incidents of sex
discrimination (including sexual harassment and sexual assault), which would include
increasing their awareness of the identity and role of the University’s Title IX
Coordinator and delegates, and contact information. The orientation sessions will be
consistent with the clarifications and changes outlined in Item III (A-B) above.
Within sixty (60) days, OCR will review and approve the training materials to ensure
they cover the items outlined above.
F. By December 15, 2014, the University’s Title IX Coordinator will work with the
Student Wellness Center to ensure that all of the Student Wellness Center’s offered
presentations for sexual violence education and support are consistent with the
University’s Title IX policies and procedures, including the clarifications and changes
outlined in Item III (A-B) above.
G. By December 15, 2015, the University will identify any additional training needed for
specific groups, including but not limited to, fraternities, sororities, band,
cheerleaders, and athletes based on assessments made by the Title IX Coordinator
based on actions outlined in Item V (A-D).

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H. By January 1, 2015, and by the same date annually thereafter, the University will
provide training on Title IX sex discrimination to groups identified in Item V (G).
REPORTING REQUIREMENT:
By December 15, 2014, the University will submit to OCR all of the training materials
revised in accordance with Item IV above. By January 31, 2015, and by the same date
annually thereafter through January 31, 2017 the University will submit to OCR
documentation verifying all of the Title IX training it has conducted during the previous
academic years, respectively, identifying which specific groups were trained using which
materials, the date(s) of the training, and the name and position title of the trainer(s).
V.

CLIMATE ASSESSMENTS AND RESPONSE
A. By December 15, 2014, the Title IX Coordinator will oversee a comprehensive
review of all reports and complaints of sexual harassment, including sexual violence,
made to the University through any office or department (e.g., Student Conduct,
housing, Human Resources, Compliance and Integrity, etc.), and the University’s
response during the 2012-2013 and 2013-2014 academic years. The Title IX
Coordinator will determine whether the information, when reviewed as a whole,
indicates any potential patterns or particular programs, activities, offices,
departments, or areas at the University in need of further University action to respond
to a sexually hostile environment or prevent a hostile environment from occurring.
The Title IX Coordinator will develop written recommendations for further actions to
be taken and will coordinate their implementation.
B. Effective immediately, to the extent that Human Resources staff will continue to be
responsible for the receipt, investigation, and/or resolution of any reports of sexual
harassment at the University, the University will add a representative from Human
Resources to its Sexual Violence Consultation Team.
C. By June 15, 2015, and by the same date annually thereafter, the University, under the
oversight of the Title IX Coordinator, will conduct a climate check or series of
climate checks with students to assess the effectiveness of steps taken pursuant to this
Agreement, or otherwise by the University, to achieve its goal of a campus free of
sexual harassment, in particular sexual violence. To assist in these efforts, the
University shall formulate a working group of students and staff to help gather and
provide feedback on how the climate check or checks are conducted, and how to
respond to its results. The climate check will be completed in part by sending a
survey to each University student, including all regional, graduate, and professional
school students. The climate check will contain questions about the student’s
awareness of incidents of sex discrimination (including sexual harassment and sexual
violence – personal or against third parties) and any experiences with sex
discrimination while attending the University, identifying any particular programs,
activities, or geographical locations where the discrimination occurred, and the
student’s awareness of the University’s Title IX policies and procedures. The

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ongoing climate checks will also include ensuring students know to whom they can
report concerns about sex discrimination, such as the Title IX Coordinator, as
described in other provisions of this Agreement. The University will first submit its
climate check tools, including the student survey, and any subsequent revisions to
OCR for review and approval prior to its implementation. The climate checks will
also include a review of reports and complaints of sexual harassment received by the
University during the year. The University will use the information gathered through
the climate checks to determine if additional action and/or Title IX training for
faculty, staff, and/or students is required to maintain an environment in each
University program, activity, school, and department free from sex discrimination and
sexual harassment.
D. By September 30, 2014, the University will establish a campus focus group consisting
of representative leaders from the student community (e.g., women’s groups, athletes,
residential assistants, student government leaders, fraternity and sorority leaders, etc.)
and University officials to provide input regarding strategies for ensuring that
students understand their rights under Title IX, how to report possible violations of
Title IX, and the University’s obligation to promptly and equitably respond to Title
IX complaints. The campus focus group will provide input to a designated University
official regarding the strategies identified.
REPORTING REQUIREMENTS:
1. By January 15, 2015, the University will submit documentation to OCR showing its
progress in implementing Item V for the 2014-2015 academic year, including: the
report of the review of the 2012-2013 and 2013-2014 reports and complaints of
sexual harassment and written recommendations; and documents showing the
inclusion and regular participation of Human Resources in the University’s Sexual
Violence Consultation Team.
2. By January 15, 2015, the University will submit its proposed climate check tools,
including the student survey, to OCR for review and approval.
3. By June 15, 2015, and by the same date annually thereafter, through June 15, 2017,
the University will submit to OCR: the results of the climate assessment and written
recommendations for any further action determined necessary; and documentation
verifying that it implemented the recommendations from the previous year’s
assessment.
4. By June 30, 2015, and by the same date annually thereafter, through June 15, 2017,
the University will provide documentation to OCR demonstrating its implementation
of Item V.E., including any resulting summaries of the information obtained and any
proposed and/or completed actions based on that information.

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VI. STUDENT-FOCUSED REMEDIES
By January 1, 2015, in accordance with its revised grievance procedures, the University will
review the sexual harassment/violence complaints filed and reports made of sexual
harassment/violence during and since academic year 2011-2012 to determine whether the
University investigated each complaint or report promptly and equitably, including but not
limited to, specifically determining whether the University used the appropriate definitions and
analyses of sexual harassment and hostile environment under Title IX; provided interim relief to
protect the complainant during the pendency of the investigation; provided written notice of the
outcome (including any appeal) and appeal rights to the complainant and the respondent; and
took steps to prevent the recurrence of harassment and to address any hostile environment
created by the harassment. The University will take appropriate action to address any problems
identified in the manner in which these complaints were handled; including providing
appropriate remedies that may still be available for the complainants in these cases, such as
counseling or academic adjustments.
REPORTING REQUIREMENTS:
1. By February 28, 2015, the University will submit to OCR for review and approval the
results of its review conducted pursuant to Item VI, specifically identifying any
complaints or reports that were not handled promptly and equitably, all supporting
materials relating to the University’s review, and the University’s planned action(s) to
address any problems identified in the review. Within 30 days of OCR’s approval, the
University will take appropriate action to address any problems identified in its review.
VII. UNIVERSITY’S INVESTIGATION OF MARCHING BAND
A. During the course of OCR’s investigation, the University conducted a comprehensive
investigation of alleged sexual harassment of members of its Marching Band. On
July 22, 2014, the University issued its investigative report and recommendations for
corrective action. The University’s report found that there was a sexually hostile
environment for students in the Marching Band and that the Band’s Director “failed
to eliminate the sexual harassment, prevent its recurrence, and address its effects.”
The University report included specific corrective action steps to be taken by the
University. This Agreement incorporates and includes the University’s corrective
action steps, as set forth below, as requirements in this Agreement:
1. Evaluate and Strengthen Marching Band Leadership
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Realign the values of the Marching Band to the university’s
academic mission.
Assess the effectiveness of Marching Band staff’s leadership and
management.
Take appropriate personnel action to address all concerns.
Review the organizational oversight of the Marching Band, clarify
accountability for its operations and activities, and establish

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expectations for an independent view of the Band’s activities.
Create a committee of Marching Band members, staff, and alumni to
identify strategies for changing the Band’s culture (based on an
anonymous benchmark survey discussed below) and ensuring that its
members:
o Understand the university’s prohibition against sex
discrimination, including sexual harassment and violence,
and retaliation;
o Recognize sex discrimination, sexual harassment, and
sexual violence when they occur;
o Understand how and to whom to report any incidents;
o Understand the connection between alcohol and drug abuse
and sexual harassment or violence; and
o Feel comfortable that university officials will respond
promptly and equitably to reports of sexual harassment,
sexual violence, and retaliation

2. Policies and Procedures


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Review and revise as necessary all Marching Band policies and
procedures to ensure compliance with Title IX and university
policies; highlight expectations and options for concern reporting;
and align Band values to the university’s academic mission.
Communicate regularly that the Marching Band will not tolerate
sexual harassment and violence and will respond to any incidents
and to any student who reports such incidents.

3. Counseling and Training
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Continue to offer counseling, health, mental health, or other holistic
and comprehensive victim services to all members of the Marching
Band affected by sexual harassment, and notify students of all Title
IX related services and supports available in the university.
Require annual training for all Marching Band members and staff
about sexual harassment, sexual violence, hazing, retaliation, and
alcohol abuse.
Require annual training for all Marching Band staff on recognizing
and appropriately addressing allegations of sexual harassment or
sexual violence under Title IX, including prohibitions on retaliation.
Require regular culture training that focuses on adherence to
university values and the need to replace negative culture with
positive culture.
Require annual leadership and management training for all Marching
Band staff.

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Provide annually to all Marching Band members and staff written
materials on sexual harassment and sexual violence, which should
include but not be limited to:
o What constitutes sexual harassment or sexual violence;
o What to do if a student has been the victim of sexual
harassment or sexual violence;
o Contact information for counseling and victim services;
o How to file a complaint with the university and the options
and means to do so, including through EthicsPoint, the
university’s anonymous reporting line;
o The role of the university’s Title IX Coordinator and how
to contact her; and
o What the university will do to respond to allegations of
sexual harassment or sexual violence, including interim
measures that can be taken
Ensure that the annual anonymous culture surveys described below
serve to measure the effectiveness of the trainings provided.

4. Climate Surveys and Controls
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Conduct “climate checks” of Marching Band members and staff to:
o Anonymously collect specific data and establish a 2014
baseline about the Band’s culture and the concerns of
students and staff;
o Measure change through annual and anonymous follow-up
surveys;
o Assess the effectiveness of efforts to ensure that the Band is
free from sexual harassment, sexual violence, and alcohol
abuse;
o Plan proactive steps to replace negative culture with
positive culture;
o Identify any additional matters that need to be investigated
and addressed; and
o Share data as appropriate with the Marching Band alumni
community and seek its assistance to improve the Band’s
culture
Establish independent monitoring and review of information
gathered and the steps taken to reverse an insular culture with
external accountability.

B. In addition to the steps outlined above, the University will submit to OCR for review
and approval (1) its proposed timetable for implementing each of the steps outlined
above and any additional proposed recommendations and findings (2) the specific
individual remedies that it proposes to provide to individual band members subjected
to the sexually hostile environment, including the basis and timetable for providing
the remedies.

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REPORTING REQUIREMENTS:
1. By November 1, 2014, the University will submit the documentation required in Item
VII.B.
2. By October 15, 2014, and every three months thereafter until completed, the
University will provide OCR with quarterly updates and documentation of its
implementation of the steps outlined in Item VII.A. Documentation will include the
name and title of the individual(s) responsible for implementing the corrective action
step and a narrative description of the steps taken to implement the action step and
status of the action step.
3. By October 15, 2014, the University will provide documentation of its
implementation of the individual remedies proposed by the University and approved
by OCR pursuant to Item VII.B.

GENERAL REQUIREMENTS
The University understands that OCR will not close the monitoring of this agreement until OCR
determines that the University has fulfilled the terms of this agreement and is in compliance with
Title IX and its implementing regulation at 34 C.F.R. §§ 106.8, 106.9, and 106.31, which were at
issue in this review.
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 IX and its implementing regulation at 34 C.F.R. §§
106.8, 106.9, and 106.31.
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 will give the University written notice of the alleged breach and a
minimum of sixty (60) calendar days to cure the alleged breach.

/s/
_______________________________________________
President or Designee

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9/8/2014
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Date