RESOLUTION AGREENIENT

The University of Alaska System, on behalf of itself and each of its three universities (System),
enters into this Resolution Agreement (Agreement) to resolve a compliance review (Reference
No. 10146001) instituted by the U.S. Department of Education, Of? ce For Civil Rights (OCR),
under Title ?t of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., and its
implementing regulations at 34 CPR. Part 106 (Title 

Action item A: Title IX Coordinators

The System agrees that Title IX coordinators are essential to ful?lling the System?s commitment
to compliance with Title IX. Accordingly,

I. Title IX coordinators at each university (collectiveiy, coordinators)- will have the following
responsibilities and meet the following training requirements:

a)

b)

The coordinators will have expert knowledge of the applicable Title IX grievance
procedures and will oversee the handling of all complaints of sex discrimination,
including sexual harassment and sexual violence, at their respective universities and the
corresponding, satellite campuses, centers, and extension sites.1 The coordinators will
address any patterns or systemic concerns that arise during the review of such complaints.
Each coordinator will also assess overall ef?cacy of coordination and overall response to
sexual harassment and sexual violence by their reapective university and the
corresponding satellite campuses, centers, and extension sites, including the
implementation and ef?cacy of interim measures, the steps taken to stop sex
discrimination fomtd to have occurred and prevent its recurrence, steps taken to eliminate
any hostile environment that has been created, and steps taken to remedy any
discriminatory effects on students, employees, and others, as appropriate. As part of this
ongoing process, each coordinator will hold quarterly audio or video conferences with all
individuals assigned to investigate complaints of sex discrimination at the satellite
campuses, centers, and extension sites to ensure that the institution is and
equitably responding to all complaints of sex discrimination, including sexual harassment
and sexual violence.

Each coordinator will retain oversight and responsibility for any deputy coordinators
designated to assist him or her. The coordinators will develop position descriptions
describing the roles and responsibilities oi'cach deputy coordinator that delineate the
scope of each deputy coordinator?s duties. The coordinators will oversee the provision of

 

For purposes of this Agreement, ?complaints? include all complaints, reports, or instances of
sex discrimination about which the System and the Systems satellite campuses, centers, and
extension sites knew or should have known.

Page 2 of l8 Resolution Agreement (Case No. 10?14-6001}

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a)

initial and ongoing training of the deputy coordinators. The training content will include
the substantive requirements of Title IX and how to identify and investigate reports that
allege sex discrimination, including sexual harassment and sexual violence.

The coordinators will retain oversight and responsibility for providing infomtation to
students and employees regarding their Title lX rights and responsibilities, including but
not limited to: the resources available to victims of sex discrimination on and off campus,
the formal and informal resolution processes, the availability of interim measures, and the
ability to ?le simultaneously a complaint with local law enforcement and a coordinator?s

Title 1X office.

The coordinators and deputy coordinators will not have other job responsibilities that
create a con?ict of interest with regard to their duties and responsibilities under Title D1.

The coordntators will be responsible for coordinating communications with university
police and local law enforcement regarding obligations under Title IX and for serving as
a resource on Title IX issues.

The coordinators will be responsible for coordinating the development and
implementation of periodic assessments {including but not limited to surveys and focus
groups) of campus climate with regard to sexual harassment and sexual violence.

The coordinators will participate in the drafting and revision of the grievance policies and
procedures that apply to complaints of sex discrimination and ensure that they comply
with the requirements of Title IX.

Reporting Reg uirement: By September 1, 2017, and the same date thereafter in 2018,
and 20l9, the System will provide documentation of the System?s compliance with
Action Item AU).

2. The System will designate a senior administrator (senior Title lX administrator) at the
System of?ce who will oversee efforts to comply with and carry out the System?s
responsibilities under Title IX, including the Systems responses to all complaints involving
possible sex discrimination. The senior Title IX administrator or a quali?ed designee will on
a basis review all formal and informal complaints of discrimination on the basis of
sex (including sexual harassment, sexual assault, and sexual violence) and the actions taken
in response by the System in order to identify any patterns or systemic problems; will
participate in the drafting and revision of the grievance policies and procedures that apply to
complaints of sex discrimination; and will take appropriate action to address any patterns or
problems identi?ed.

Reporting Requirements:

3) By May 1, 2017, the System will provide documentation of the System?s
designation of a senior Title IX administrator as required by Action Item 

Page 3 of 18 Resolution Agreement (Case No. 10-14-6001)

including the name and quali?cations of the employee designated as the senior
Title IX administrator; and

b) By December 30, 2017, and on the same date thereafter in 2018 and 2019, the
System will provide a copy of each quarterly review and record of any corrective
action taken as a result of review ?ndings.

3. The System will create a state-wide taskforcc comprised of employees throughout the System
responsible for Title IX compliance. The taskforce will conduct telephone
conferences to address best practices for handling complaints of sexuai harassment and
sexual violence and patterns or systemic concerns that arise during the resolution of such
complaints.

Reporting Requirement: By December 30, 2017, and the same date in 2018 and 2019,
the System wili provide doctunentation of the System?s compliance with Action Item
AG), including the dates, a copy of the agenda and minutes, and list of participants for
each telephone conference.

4. The System will revise relevant publications to notify all students and employees of the title,
of?ce address, electronic mail (email) address, and telephone number of the senior Title Di
administrator and for each university, the same information for its respective coordinator.

Reporting Requirement: By September 1, 2017, the System witi provide documentation
of the System?s compliance with Action Item AG), including copies of the printed
versions (or a link to the on?line versions) of all publications disseminated to students and
employees containing the required noti?cation. inserts may be used pending reprinting
of these publications.

Action Item B: Notice of Nondiscrimiga?on

The System will revise and publish a single notice of nondiscrimination consistent with the
regulation implementing Title EX, at 34 CPR. 106.9. The System will revise the notice of
nondiscrimination to include language stating that inquiries concerning the application of Title
IX and its implementing regulations may be referred to the appropriate designated Title .
coordinator or to Assistant Secretary, and that the prohibition against sex disoriniination
applies to students, employees and applicants for admission and employment. The notice will be
published prominently and broadly including, but not limited to, on the websites of the System
and in print publications that are utilized by employees, students, and applicants for admission
and employment

Page 4 of 18 Resolution Agreement (Case No. l0-l4u600l)

Reporting Requirements:

a) By May 1, 2017, the System will provide OCR with a draft notice of
nondiscrimination as described above. requires any changes to the notice, the
System will make the changes and re-submit the notice within 20 days of receiving
notice of the required revisions.

b] Within 30 days of written noti?cation from OCR of its approval of the notice, the
System will provide documentation to OCR demonstrating the System?s compliance
with Action Item B, including copies of the printed versions (or a link to the online
versions) of all publications with the notice. inserts may be used pending reprinting
of these publications.

Action Item C: Title IX Policies and Grievgnce Procedures-

The System will revise the System?s policies and procedures (the Procedures) that address
complaints of sex discrimination {including sexual harassment and sexual violence). The System
will ensure that the Procedures are not unduly complicated; are written in a way that is easily
understood; are easily locatable on the websites of the System; and are widely published in print
publications including, but not limited to, student handbooks, course catalogs, and employee
handbooks. The System will ensure that old policies and procedures are removed from and not
available anywhere on the web sites of the System and that all references to them have been
removed from current print publications.

The System will ensure that the following provisions are in the Procedures:

1.

notice that the Procedures apply to complaints alleging all Forms of sex discrimination
{including sexual harassment and sexual violence) carried out by employees, students, or
third parties;

a clear and easily understood explanation of how and where complaints may be ?led,
including the name author title, of?ce address, e?mail address, and telephone number of
the individual(s) with whom to file a complaint;

a statement that all responsible employees are expected to report sexual
harassment, including sexual violence, that they observe or learn about;

provisions for con?dential reporting, including informing a complainant that the
System?s ability to respond may be limited in the event of a request for con?dentiality;
assurance that the System will take immediate and appropriate steps to stop any
harassment or sexual violence, prevent recurrence and remedy discriminatory effects on
the complainant and others, if appropriate;

provisions for adequate, reiiabie, and impartial investigation of complaints, including the
opportunity for the complainant and respondent to present witnesses and evidence;

a provision clarifying that the Title IX office will oversee and be ultimately responsible
for investigations ot?eompiaints of sexual harassment and sexual violence;

designated and reasonably prompt time frames for the major stages of the investigative
process, including any sanctions process and appeal, as well as the process for extending
ti inclines, that apply equally to the parties to the complaint;

Page 5 of 13 Resolution Agreement (Case No. 1044-6001)

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provisions providing for how and when the System will proceed with the investigation of
complaints when the complainant does not choose to proceed with an informal or formal
complaint or a hearing;

provisions providing that the parties are allorded regular updates regarding the status of
the investigation, as well as similar and timely access to any information used at
hearings;

a provision requiring concurrent written notification to both! all parties ofthe outcome
of the investigation, (ii) any appeals, and noti?cation to the complainant of all
remedies provided and any other actions taken by the university that directly relate to the
complainant, and noti?cation to the respondent of any actions taken by the university that
directly relate to the respondent;

appropriate definitions and examples ofwhat types of actions may constitute sex
discrimination (including sexual harassment and sexual violence), including a clear and
consistent definition of what does and does not constitute consent to sexual conduct;

a statement clarifying that the Procedures apply toziall facilities, programs, and activities
of the System, including discrimination that occurs on campus, discrimination that occurs
at off-campus programs or activities that are sponsored by the System, discrimination that
occurs off~campus that has an effect on campus, the professional and graduate schools,
and any sexual harassment perpetrated by an employee, regardless of location, if in the
context of the employee?s provision oi'aid, bene?ts, or services to students;

a statement that the preponderance of the evidence standard will be used in resolving all
complaints of sex discrimination, including sexual harassment and sexual violence,

if the Procedures allow for cross-examination of the parties, the Procedures should
strongly discourage allowing the parties to personally question or crossexarnine each
other during a heating;

where the Procedures allow the parties to have a lawyer or other representative at a
hearing, a statement that both parties will have an equal opportunity to have lawyers or
representatives present and that any restrictions on the lawyers? or representatives? ability
to speak or otherwise participate will be applied equally to both patties;

provisions clarifying that when there is a complaint of alleged sexual harassment,
including sexual violence, made against an employee, the investigation will be completed
even if the employee resigns before it is finished and. will include a dctennination of any
potential remedies for complainant(s) and any other students or employees affected by
the alleged sexual harassment, including sexual violence; .

provisions clarifying that any informal resolution'mechanism set forth in the procedures
will only be used if the parties voluntarily agree to do so; that the complainant should not
be required to resolve the problem directly with the respondent; that there will be
instances when the informal resolution mechanism is inappropriate mediation is
prohibited in cases of sexual assault, and in cases involving a student complaining of
sexual harassment against an employee in a position of authority over the student); and
that the complainant must be noti?ed that he or she has the right to end the informal
process at any time and begin the formal stage of the complaint process;

notice of a student?s right to file a criminal complaint and a Title 1X complaint
simultaneously, that the System may need to temporarily suspend the fact?finding aspect
of a Title IX investigation for an appropriate but brief period of time while the law
enforcement agency is in the process of gathering evidence and that the System will

Page 6 of 18 Resolution Agreement {Case No. 10-14-6001)

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resume the Title IX investigation as soon as noti?ed by the law enforcement
agency that it has completed the evidence gathering process;

. provisions ensuring that students are notified, in writing, of the avai tabi iity of interim

measures to protect students during the investigation of possible sexual harassment and
during any judiciai process, including appeals (such as enforced no contact orders,
changes in class schedules, counseling, other mental health services, academic
assistance, the ability to retake or withdraw from courses without penalty, etc); that the
System will take steps to ensure, where possible, that such interim measures do not
negatively impact the complainant; how interim measures may be requested; and

?nal ly, that the coordinatortfs) (or other designated of?cials) will be responsible for
ensuring the implementation of appropriate interim measures and coordinating the
System?s response with the appropriate of?ces on campus;

an assurance that the System does not permit questioning or consider evidence of other
sexual behavior if the danger of unfair prejudice, confusion of the or
unwarranted invasion of the privacy of any party outweighs its probative value, and that
the System requires that a party seeking to admit such evidence apply for a ruling on the
admissibility of such evidence;

notice of potential remedies for complainants, including but not limited to tuition,
housing, and other fee refunds, adjustment of academic schedules and coursework, and
provision of academic, medical, and support services;

. An explanation of how disciplinary actions, if any, relating to the complaint 

underage drinking before a sexual assault) will be handled in the complaint procedure;
notice of potential sanctions against perpetrators;

notice of resources for counseling, advocacy and support;

a provision requiring the System to assess the risk, if any, an accused presents
to a complainant and other students and to take appropriate measures in response to that
assessment;

provisions concerning students who are placed at entities outside of the System, as part of
internships, clinical programs, or otherwise, that address how the System will respond
and assure that the operator or sponsor of such other educational program or activity
takes no action prohibited by Title IX, and will not facilitate, require, permit, or consider
such participation if such action occurs and is not remedied;

a statement that retaliation and retaliatory harassment are prohibited against any

. individual who ?les a sex discrimination complaintwith the System or participates in a

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complaint investigation in any way, as well as a clear explanation of how retaliation or
retaliatory harassment can be reported to the System;

an assurance that the System will not allow con?icts of interest (real or perceived) by
those handling the complaints; and

provisions for the maintenance of complete documentation of all activities and
proceedings, including but not limited to, the interim measures offered to and used by a
complainant, the beginning and end date of the investigation, the beginning and end dates
of any suspension of an investigation for purposes of allowing a law enforcement agency
to gather evidence, and an explanation if an investigation has been suspended or closed
before completion.

Page 7 of 18 Resolution Agreement (Case No. ll?l-l 4-6001)

Reporting Rea uirements:

a) By May 1, 2017, the System will provide to OCR, for review and approval, a draft of
the Procedures developed in accordance with Action Item above. If OCR requires
any changes to the draft of the Procedures, the System will make the changes and re-
submit a draft of the Procedures within 20 days of receiving notice of required
edits.

b) Within 90 days of written noti?cation from OCR of its approval of the Procedures,
the System will provide documentation to OCR demonstrating that the System has
adopted and implemented the Procedures and provided written notice regarding the
Procedures for resolving Title IX complaints together with information on how to
obtain a copy of the Procedures to all faculty, staff and students The System, at a
minimum, will make this notification through the System?s websites; email messages
to faculty, staff, and students; and any regularly issued newsletters (in print or online),
as well as by any other additional means of noti?cation the System deems effective to
ensure that the information is widely disseminated and easily located. The System
will also provide to OCR copies of or a link to all revised student handbooks and all
other publications that contain the Procedures and a link to all webpages where the
revised Title IX Procedures are otherwise located.

Action Item D: Title IX Trainigg

1.

Within 90 days of the execution of this Agreement, or within 6 months of hire thereafter,
the System will assure that training on the requirements of Title IX has been received by
the senior Title IX administrator, the coordinators, and all other employees involved in
processing, investigating, adj udicating, andfor resolving complaints of sex discrimination,
including sexual harassment and sexual violence. The training will include, among other
things, instruction on how to conduct adequate, reliable, and impartial investigations of
sex discrimination, including how to handle incidents that occur offcampus; the types of
conduct that would constitute sexual harassment and sexual violence; the application of
the proper evidentiary standard (preponderance of the evidence); coordination and
communication with external law enforcement agencies, particularly with respect to
suspending investigations; consent and the role drugs and alcohol can play in the ability
to consent; the provision of interim measures and the need For remedial actions for the
perpetrator, complainant, and school community; the importance of assessing and taking
measures to address the risk an accused may present to the complainant and to other
students; and how to determine the existence of a hostile environment and methods for
eliminating and preventing the recurrence of a hostile environment. Finally, the training
will address the requirement of fully documenting all steps of an investigation and
resolution, including any testimony collected from witnesses, the start and stop dates of
any investigation suspension, the offer and acceptance or decline of interim relief, and the
issuance of no lice to all parties. The training will be conducted by an individual with
expert knowledge of the requirements of Title TX.

Page 8 of 18 Resolution Agreement (Case No. ill-146001)

Reporting Reg uiremeut: Within 120 days of the execution of this Agreement, the
System will provide documentation to OCR demonstrating that the System has provided
the training referenced in Action Item The documentation will include the dates of
the training, the name and quali?cations of the trainer(s), a copy of any materials used or
distributed during the training, and a list of the names and titles of the individuals who
attended the trainingeach coordinator at each university, along with Residence Life, will
develop a protocol for ensuring Residence Life staff report and refer complaints
involving sex discrimination to the Title of?ce within 24 hours. The System will
ensure that training has been provided prior to the beginning of each academic year to all
Residence Life staff about the existence of the Title IX office at each university and its
jurisdiction over the investigation and resolution of complaints of sex discrimination,
including sexual harassment and sexual vioience. -

Reporting Reg uirement: By September 1, 2017, the System will provide to OCR a copy
of the protocol developed by each university. The System will also provide
documentation to OCR demonstrating that the System has provided the training
referenced in Action item 13(2), which will include a copy of any materials presented or
distributed during the training, and written assurance from the System that the System has
trained all Residence Life sta?" on thejutisdiction of the Title IX of?ce over complaints
involving sex discrimination, including sexual harassment and sexual violence.

3. By October 1, 201?, and mutually thereafter, the System will provide training to all
employees responsible for recognizing and reporting incidents of sexual discrimination
(including but not limited to, Residence Life staff, campus police, faculty, administrators,
counselors, general counsels, athletic coaches, and health personnel). The training will
cover, at a minimum: the Procedures; the obligation of staff to report sexual
discrimination, including sexual harassment involving other entities at which the System
places students or employees; how to recognize and identify sexual discrimination,
including sexual harassment and sexual violence and behaviors that may lead to and
result in sexual violence; the various forms of sexual harassment, including cyber
harassment; the System?s responsibilities under Title DC to address allegations of sex
discrimination;.and the relevant resources available. The training should also include
information on the complainant?s option to request confidentiality and available
con?dential advocacy, counseling, or other support services; the complainant?s right to
both ?le a sexual harassment complaint with the System and report a crime to campus or
local law enforcement; the attitudes of bystanders that may allow conduct to continue;
appropriate methods for responding to a complainant who may have experienced sexual
violence; and the impact of trauma on complainants who experience sexual violence.

Reporting Requirement: By December 30, 2017, and by the same date in 2018 and
2019, the System will provide documentation to OCR demonstrating that the System has
provided the training referenced in Action Item 13(3). The documentation will include, at
a minimum, the dates of the training, the names and titles of the trainer(s), a copy of any

Page 9 of 13 Resolution Agreement (Case No. 10 1445001)

materials presented or distributed during the training, and the names and titles of the
individuals who attended the training.

Action Item E: Information Sessions

In 201?, and annually thereafter, the System shall provide, as part of the annuai student
orientation for new and returning students and annual Residence Life orientation for students
residing in campus housing, information sessions to students so they are aware of the System?s
prohibition against sex discrimination (including sexual harassment and sexual violence); how to
recognize such sex discrimination and sexual harassment when it occurs; safe strategies for
bystander intervention; the System?s grievance procedures for Title IX complaints, including
how and to whom to report any incidents of sex discrimination; a general overview of Title Di
and the rights it confers on students; the resources available to students who have experienced
sexual harassment or violence; including interim measures available during the course of an
investigation; and the existence of OCR and its authority to enforce Title IX.

Reporting Reg uirement: By December 30 in 2017, 2018, and 2019, the System will
provide documentation to OCR demonstrating implementation of Action Item E,
including a description of each information session held, the number of participants at
each session, and the location and the dates of where and when the information sessions
were held.

Action Item F: Dissemination of Information Regarding Sex Discrimination

The System will revise as necessary the System?s existing materials or develop new materials
informational pamphlets) to be distributed to students and employees for general education
pmposes, including during orientation, and upon pt of complaints of sexual harassment and
sexual violence. The materials will contain information on how and where to file a complaint of
sexual harassment or sexual violence with the System; contact information for the senior Title IX
administrator and the coordinators and a description of the responsibilities of the senior Title IX
administrator and coordinators; information on how to obtain counseling and academic
assistance in the event of sexual harassment and sexual assault; and information on what interim
measures can be taken to protect a complainant and how to request interim measures. The
System will broadly distribute and make these materials accessible and readily available.

Reporting Requirements:

a) By May 1, 2017, the System will provide to OCR, for review and approval, the
materials developed or revised consistent with Action Item F. If OCR requires an}r
changes to the draft of the materials, the System will make the changes and re-snbmit
a draft of the materials within 20 days of receiving notice of required edits.

13} Within 45 days of written noti?cation from OCR of its approval of the materials, the
System will provide documentation to OCR demonstrating compliance with Action
Item F, including a final copy of the materials, along with a link to where the
materials are posted on the System?s websites, and information about which of the

Page 10 of 18 Resolution Agreement (Case No. 10-14-6001)

System?s of?ces will be responsible for distributing the materials for general
education purposes and upon receipt of a complaint of sex discrimination, including
sexual harassment and sexual violence.

Action Item G: University-Based Student Committees

The System will establish student committees at each of the three universities composed of a
cross section of their community. The student committee at each university will identify and
recommend strategies to the respective university to ensure that students understand their rights
under Title IX and the System?s Procedures, including how to report possible violations ot?Titlc
IX, and to ensure that the System takes each complaint seriously and provides a response in
accordance with the requirements of Title IX. Additionally, the student committee will
recouunend strategies for improving the effectiveness of the System?s procedures, support
services and resources available to students, and For preventing sexual harassment and violence,
including outreach and educational activities. Each coordinator at the respective universities will
provide a written copy of the recommendations to his or her respective Chancellor, the senior
Title TX administrator, and the University of Alaska System President.

Reporting Re_quirements:

a) By September 1, 2017, the System will provide documentation to OCR demonstrating
that the System has established the student conunittees at each university described in
Action item G, including a list of names and any member?s student group af?liation.

b) By December 33, 2017, the System provide OCR a copy of each student
committee? recommendations.

Action Item H: Climate Checks

In 2017, and again in 2018 and 2019, the System will conduct a climate check with students to
assess the effectiveness of steps taken pursuant to this Resolution Agreement and otherwise by
the System to achieve the System?s goai of a campus free of sex discrimination, in particular
sexual harassment and sexual violence. The climate check must survey a significant portion or
group (no less than 40% of the total student population) within the System, but is not required to
be a survey of the entire system. The climate cheek may be' accomplished through a written or
electronic survey, provided that students receiving the survey also are noti?ed ot?the availability
ofa contact person, such as a counselor, should they wish to discuss any issue in person. Any
survey used should contain questions about the studentis knowledge of sex discrimination
(including sexual harassment and sexual violence), any experiences with sex discrimination
while attending an institution within the System, and the student?s awareness of the System?s
Title ix policies and procedures. Information gathered during these climate checks will be used
to inform ?sture proactive steps taken by the System to provide an environment that is safe and
supportive to all students and in compliance with Tide Di.

Page 1 of 8 Resolution Agreement (Case No. 10-14-6001)

Reporting Reg uirements:

a) By May 1, 2017, the System will provide to OCR, for review and approval, the
System?s plan for conducting climate checks. The plan will include the Systems
strategy for conducting the climate checks and analyzing the results. The System will
provide any proposed future revisions to its climate check plan to OCR, for review
and prior approval (allowing at least 30 days for OCR to conduct its review), during
the monitoring of the Resolution Agreement.

b) By December 30, 2017', and by the same date in 2018 and 2019, the System will
provide documentation to OCR demonstrating implementation of Action Item H,
including a description of how the climate checks were conducted; summaries of any
student responses to surveys; summaries of other information obtained; and proposed
actions, if appropriate, that the System plans to. take in response to the information
gathered during the climate checks.

Action Item 1: Coordination with Local Law Enforcement

By May 1, 2017, the System will send a letter to each law enforcement agency with which the
System already has a Memorandum of Agreement or Understanding (MOA or MOU), and to
appropriate law enforcement agencies with which the System does not yet have an initial MOA,
requesting to improve communication and coordination and to address the protocols and
procedures iior referring allegations of sexual violence, sharing information, and conducting
contemporaneous investigations. The overall goal of any MOA should be to aid the System in
complying with Title IX, to the extent permitted by applicable privacy and con?dentiality iaws.
The ietter will state: (1) that in instances where conduct of a sexual nature is involved, the
System will delay temporarily the fact-?nding portion of the Title IX investigation during local
law enforcement?s initial evidence gathering process, if local law enforcement requests a
suspension of the System?s investigation; (2) that requests that local law enforcement will
endeavor to complete initial evidence gathering within 3 to 10 days of requesting that the System
suspend the Title IX investigation; (3) that the System will resume the Title TX investigation on
the earlier of the date the System receives noti?cation from local law enforcement that it has
completed its initial evidence gathering process, or (ii) the lid' day after the System suspended
the Title IX investigation, unless the System receives from local law enforcement another request
to continue the suspension for a brief and speci?ed number ofdays; and that during the
pendency of the initial evidence gathering by the police, the System is not precluded from
providing witnesses with information about their Title IX rights or resources for students who
experience sexual violence or taking such interim actions as may be necessary to ensure the
safety of any students who experience sexual violence and the campus community.

Reporting Requirement: By May 1, 2017, the System will provide to OCR a copy of
the letter(s] required by Action Item I and any written responsets) thereto.

Page 12 of 18 Resolution Agreement {Case No. 10-14-6001)

Action Item Placement of Students with Other Entities

The System shall provide written notice or information sessions to all students participating in
internships, clinical programs, or other off-campus programs of the System?s prohibition against
sex discrimination, including sexual harassment and sexual violence; the System?s grievance
procedures for Title IX complaints, including how and to whom to report any incidents of sex
discrimination he or she may experience when participating in an internship, clinical program, or
other program campus; a general overview of Title IX and the rights it confers on students;
and the resources available to students who have experienced sexual harassment or violence,
including interim measures available during the course of an investigation. The System shall
also develop and implement a procedure designed to assure the System that the operator(s) or
sponsorts) of any education program or activity at which the System places students, as part of
internships, clinical programs, or otherwise, will take no action affecting any such students that
would he prohibited by Title IX.

Reporting Reg uirements:

a) By May 1, 201?, the System will provide to OCR, for review and approval, the
System?s proposed procedure developed in accordance with Action item J. If OCR
requires any changes to the proposed procedure, the System will make the changes
and re-suhmit a draft within 20 days of receiving comments.

b) By December 30, 2017, and annually thereafter on the same date in 2018 and 2019,
the System will provide to OCR documentation of the System?s compliance with
Action Item J, and a report of all complaints or other notice of sexual harassment in
connection with placement of students with other entities.

Action Item K: Redress for and Assessment of the Twenty-Three Cases I?ntified hv OCR

OCR identi?ed twenty-three complaint ?les from academic years 2011-2012, 2012-2013, 2013-
2014, and 2014-2?15, to illustrate OCR concerns. Based on review of only those paper
?les, the System will take at least the actions outlined below with respect to each case. in
addition, the System must re assess each case, conducting interviews and documenting or
collecting other evidence as necessary, particularly where fillies are incomplete or ambiguous, to
determine if there were other shortcomings with the Sy?stcm 5 Title IX investigation and response
that now must be addressed. If the System, 1n the course of re- assessing these cases, determines
that an action specified below was taken but not documented in the tile, notice actually was
sent to both patties though the ?le re?ects no notice or notice only to one party, then the System
need not repeat that action.

Case 1: Assess what effects, if any, the complainan?s) suffered as a consequence of the
System?s failure to apply the appropriate evidentiary standard in this case; assess whether the
complainants have any remaining effects from this fai lure that the System mu st remedy, and
send notice to the complainants regarding the System?s assessments pursuant to this Action
item K.

Page 13 of 18 Resolution Agreement (Case No. 10446001)

Case 2: Assess what effects, if any, the complainant suffcred as a consequence of the
System?s apparent failure to offer interim relief other than counseling and instead sanction
her for alcohol can; assess whether the compiainant endured a hostile environment due to
respondents? assaults and their presence on campus after the assaults; assess whether the
complainant suffered any effects from the alleged retaliation following the assaults; assess
whether the complainant suffered any e?hcts from not being noti?ed of the ?rst
investigation?s outcome in 201 1; assess whether the complainant has remaining effects from
the lack of interim relief, any retaliatory acts, or any hostile environment that the System
must remedy; assess whether the complainant is entitled to any other final remedy as a
consequence of respondents? assaults; send notice to the complainant about the System?s
assessments pursuant to this Action Item and send notice to the complainant about the
outcome of the first investigation in 201 1.

Case 3: Assess what effects, if any, the complainant and students may have suffered as a
resuit of the System?s apparent failure to offer interim relief; complete an investigation report
based on the evidence already collected and any additional evidence the System may find
necessary to collect; assess whether the complainant and students have remaining effects
from the lack of interim relief that the System must remedy; send notice to the complainant
about the System?s assessments pursuant to this Action Item and send notice to the
complainant and the respondent about the outcome of the investigation report completed
pursuant to this Action Item K.

Case 4: Assess what effects, if any, the complainant and students may have suffered as a
result of the System?s apparent failure to offer interim relief; complete an investigation report
based on the evidence already collected and any additional evidence the System may ?nd
necessary to collect; assess whether the complainant and students have remaining effects
from the lack of interim relief that the System must remedy; send notice to the complainant
about the System?s assessments pursuant to Action Item and send notice to the
complainant and respondent about the outcome of the investigation report completed
pursuant to this Action item K.

Case 5: Assess what effects, if any, the ?rst complainant and the second complainant
suffered as a consequence of the System?s failure to complete the System investigation of the
?rst sexual assault after suspending the System?s investigation in deference to campus police
and the local prosecutor?s of?ce; assess whether the ?rst complainant and second
complainant have any remaining effects from the failure to complete the investigation that
the System must remedy; send written notice to the second complainant and respondent
about the outcome of the System?s previous investigation of the second sexual assault in
March 2013; and send notice to the two complainants about the System?s assessments
pursuant to this Action Item K.

Case 6: Conduct an investigation, to the extent possible; assess what effects, if any, the
complainants suffered as a consequence ofthe System?s apparent failure to offer interim
relief; assess whether complainants have remaining effects from any lack of interim relief
that the System must remedy; send notice to the complainants regarding the System?s
assessments pursuant to this Action Item and send notice to the complainants and

Page 14 of 18 Resolution Agreement (Case No. 10-14-6001)

respondents about the outcome of the investigation report completed pursuant to this Action
Item K.

Case 7: Assess what effects, if any, the complainant suffered as a consequence of the
System?s decision not to investigate the matter until after a criminal conviction was obtained;
assess whether complainant has remaining effects from the lack of a prompt investigation
that the System must remedy; and send notice to the complainant regarding the System?s
assessments pursuant to this Action Item K.

Case 8: Send written notice to the complainant and the respondent about the outcome of the
System?s previous investigation.

Case 9: Assess whether the first complainant endured a hostile environment after the assault
due to the System?s decision to allow respondent to remain in campus housing and continue
to attend the university; assess whether the ?rst complainant has any remaining effects from
any hostile environment that the System must remedy; send notice to the ?rst complainant
regarding the System?s assessments pursuant to this Action Item assess what effects, if
any, the second complainant suffered as a conscqu once of the System's apparent failure to
complete a prompt investigation of the sexual assault and to assess the risk associated with
the continued presence on campus of respondent; assess whether the second complainant
endured a hostile environment following the ?rst assault; assess whether the second
complainant has remaining effects from the failure to investigate or any hostile
environment that the System must remedy; assess whether the second complainant is entitled
to any other ?nal remedy as a consequence of respondent?s assault; and send notice to the
second complainant regarding the System?s assessments pursuant to this Action Item K.

Case 10: Assess what effects, if any, the complainant suffered as a consequence of the
System?s apparent failure to offer interim relief and investigate the sexual assault and instead
sanction her for alcohol use; assess whether the complainant has remaining effects from the
System?s faiiure to investigate the sexual assault and provide interim relief that the System
must remedy; and send notice to the complainant about the System?s assessments pursuant to
this Action Item K.

Case ll: Interview the System professors who were involved in investigating the complaint
against the student teacher, assuming they still are employed by the System, to determine if
the professors are aware of any System students who were harassed by the student teacher (in
whichcase the System must take appropriate action to investigate any impact upon those
students), and to ensure the professors each understand their Title IX obligations going
forward.

Case 12: Assess what effects, if any, the complainant suffered as a consequence of the
System?s apparent failure to offer interim relief and investigate the sexual assault
and instead sanction her for alcohol use; assess whether the complainant has remaining
effects from the System?s failure to investigate the sexual assault and provide interim relief
that the System must remedy; and send notice to the complainant about the System?s
assessments pursuant to this Action Item K.

Page 15 of 18 -- Resolution Agreement (Case No. 10?14-6000

Case 13: Complete an investigation report of the May 2014 assault based on. the evidence
already collected and any additional evidence the System may ?nd necessary to collect; send
notice to the second complainant and the respondent about the outcome of the investigation
report completed pursuant to this Action Item K.

Case 14: Assess what effects, if any, the complainant suffered as a consequence of the
System?s failure to provide interim relief (except for a class change which was implemented
after a three week delay); assess whether the complainant has any remaining effects from the
lack of interim relief that the System must remedy; and send notice to the complainant
regarding the System?s assessments pursuant to this Action Item K.

Case 15: Complete an investigation report based on the evidence already collected and any
additional evidence the System may ?nd necessary to collect; assess what effects, if any, the
complainants suffered as a result of the System?s apparent failure to offer interim relief;
assess whether the complainants and other members of the college community endured a
hostile environment due to the respondent?s sexual harassment; assess whether the
complainants have remaining effects from the lack of interim relief or any hostile
environment that the System must remedy; send notice to the complainants and the
respondent about the outcome of the investigation report completed pursuant to this Action
Item and send notice to the complainants about the System?s assessments pursuant to this
Action Item K.

Case 16: Assess what effects, if any, the complainant suffered as a consequence of the
Systems lack of promptness in sending notice to complainant about the resolution and
whether the complainant has any remaining effects from that lack oi'promptness that the
System must remedy; and send notice to the complainant regarding the System?s assessments
pursuant to this Action Item K.

Case 17: Conduct an investigation, to the extent possible; assess what effects, if any, the
complainant suffered as a consequence of the System?s failure to conduct an investigation
and whether the complainant has any remaining effects from the failure to investigate that the
System must remedy; send notice to the complainant regarding the System?s assessments
pursuant to this Action Item and send notice to the complainant and the respondent (if
respondent ever became a student of the System) about the outcome of the investigation
report completed pursuant to this Action item K.

Case 13: Assess what effects, if any, the complainant suffered as a consequence of the
System?s failure to resolve the allegations of sexual violence and the System?s
failure to provide an impartial investigation; assess whether the complainant has remaining
effects from the failure to resolve the allegations and the System?s failure to
provide an impartial investigation that the System must remedy; and send notice to the
complainant regarding the System?s assessments pursuant to this Action Item K.

Case 19: Complete an investigation, to the extent possible; determine if the hospital
conducted an investigation; assess what effects, if any, the complainant suffered as a

Page 16 of 13 Resolution Agreement (Case No. 10-14-6001)

consequence of the System?s and hospital?s failure to conduct an investigation and whether
the complainant has any remaining effects from the failure to investigate that the System
must remedy; send notice to the complainant regarding the System?s assessments pursuant to
this Action Item and send notice to the complainant about the outcome of the
investigation report compieted pursuant to this Action Item K.

Case 20: Complete an investigation, to the extent possible; assess what effects, if any, the
complainants suffered as a consequence of the System?s failure to promptiy complete an
investigation; assess whether the complainants suffered any effects from the alleged
retaliation following the reporting of the sexual assauits; assess whether the complainants
have remaining effects from the failure to investigate and from the failure to
address alleged retaliatory acts that the System must remedy; send notice to the complainants
regarding the System?s assessments pursuant to this Action Item and send notice to the
complainants about the outcome of the investigation report completed pursuant to this Action
Item K.

Case 21: Complete an investigation report based on the evidence already collected and any
additionai evidence the System may find necessary to collect; assess what effects, if any, the
complainant suffered as a consequence of the System?s failure to complete an
investigation; assess whether the complainant has remaining effects from the failure to
investigate that the System must remedy; send notice to the complainant regarding
the System?s assessment pursuant to this Action Item and notice to the eompiainant and
the respondent about the outcome of the investigation report completed pursuant to this
Action Item K.

Case 22: Complete an investigation report based on the evidence already collected and any
additional evidence the System may ?nd necessary to collect, including contacting
complainant for identification of the it students who may have information about
inappropriate relationships; assess the climate of the Schooi of Art 3L Sciences by surveying
former and current students to determine if a hostile environment exists or existed; send
notice to the compiainant regarding the System?s determination pursuant to this Action item
and take appropriate action to address troublesome practices, if any, identi?ed in the
School of Art 3r. Sciences.

Case 23: Assess what effects, if any, the complainant suffered as a consequence of the
System?s failure to offer interim relief; assess whether the complainant has any remaining
effects from the lack of interim relief that the System must remedy; and send notice to the
complainant about the System?s assessments pursuant to this Action Item K.

Reverting Requirements:

a) By May 1, 2017, the System will provide to OCR, for review and approval, the
Systems determinations and proposed remedies, and the proposed notices.

b) Within 20 days of approval, the System will provide to OCR documentation
that the System has taken steps to implement approved remedies and send all
approved notices.

Page 17 of 18 Resolution Agreement (Case No. 10-14-6001)

Action Item L: Complaint Reviews

The System will review the sexual harassment and sexual violence complaints made during the
2014-2015 and 2015-2016 academic years. The System will review these ?les to determine
whether the System investigated each complaint and equitably, including but not
limited to, speci?cally determining whether the System used the appropriate definitions and
analyses of sexual harassment and hostile environment under Title used the preponderance of"
the evidence standard in investigating and adj udicating; provided interim measures 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; assessed the risk
to students that an accused possibly presented; and took steps to prevent the recurrence of
harassment and to address any hostile environment created by any harassment. The System will
take appropriate action to address any problems identi?ed regarding the manner in which these
complaints were handled, including providing appropriate remedies that may still be available
for the complainants, such as counseling or academic adjustments.

Reporting Requirements:

a) By December 1, 2017, the System will provide to OCR, for review and approval, the
results of the System?s review conducted and other actions taken pursuant to Action
Item L, speci?cally identifying any complaints or reports that were not handled
and equitably, all supporting materials relating to the System?s review, and
the System?s planned action(s) to address any problems identi?ed in the review.

Within 90 days ot?OCR?s approval, the System will provide documentation to OCR
that the System has taken appropriate action to address any problems identi?ed in the
System?s review.

Action Item M: New Complaints

For the 2016-2017?, 2017-2013, and 2018-2019 academic years, the System will submit to OCR
complete copies of all System files for that academic year documenting the System?s receipt of
and responses to complaints of sexual harass ntent, including sexual violence, made against
students, employees and third parties. Along with such tiles, the System will submit a tracking
report that includes, at a minimum: the names of complainants and respondents; the relevant
university and campus; the conduct alleged; information about the individual(s) who received
and processed the initial complaints; the status of the ?le at the time of submission to OCR, 
the investigation is ongoing, the investigation is suspended due to a request from law
or the System is assessing discipline to be imposed; the outcome of all completed
investigations; the outcome of any student disciplinary matters related to the investigations; and
evidence suf?cient to determine whether effective steps were taken to eliminate and prevent
recurrence of a hostile environment caused by an employee or third party. If the System submits
any ?les before they are complete, the System will ?ag those files as incomplete and will re-
submit those ?les after they are completed.

Page 13 of 18 Resolution Agreement {Case No. 1044-6001}

Renal-ting Regnirernent: By December 30, 2017, and by the same date in 2013 and
2019, the System wiil provide files and a tracking report to OCR cfthe information
pursuant to Action Item l?vi.

Monitoring: General Princigles

The System understands that OCR will not close the monitoring of this Agreement until such
time that OCR determines that the System has ?il?lied the terms of this Agreement and is in
comniiance with the regulations implementing Titie IX, at 34 C.F.R. 106.3, 106.9, and
?16.3 1, which were at issue in this case. The System also understands that by signing this
Agreement, the System agrees to provide data and other information in a timely manner in
accordance with the reporting requirements of this Agreement. Further, the System understands
that, during the monitoring of this Agreement, OCR may visit the System, interview sta?? and
students, and request such additionai reports or data as are necessary for OCR to determine
whether the System has fulfilled the terms of this Agreement and is in compliance with the
regulations impiementing Title IX, at 34 CPR. 106.8, i069, and 106.31. in addition, the
System understands and acknowledges that OCR may initiate administrative enforcement or
judicial proceedings, including to enforce the specific terms and obligations ofthis
Agreement. Before initiating administrative enforcement (34 C.F.R. 160.9, or
judicial proceedings, including to enforce this Agreement, OCR shall give written notice of the
alleged breach and sixty days to cure the alleged breach.

Effective Date

This Agreement wiil become effective immediately upon the signature of the President or his
designee beiow.

 

{Dita}; 

 

 

7

Date JamesER. Johnsen, liiesident (or designee)
University ofAlaska System on hehaif of the
System