Feds: SMU Violated Law on Gender, Sex Harassment

Southern Methodist University violated federal discrimination laws and has agreed to provide a safer environment for students who allege sexual assault or other gender-based violence, the U.S. Department of Education announced Thursday.

SMU violated Title IX, a 1972 law that bars discrimination on the basis of sex in federally funded education programs or activities.

"OCR concluded that the institution's failure to respond promptly and equitably to complaints of sexual assault of a male student by another male student and of subsequent retaliatory harassment from other students resulted in a continued sexually hostile environment for the male victim, ultimately leading to the student's withdrawal from the university, the U.S. Department of Education said in a news release Thursday. "The office also found that SMU's sexual harassment and sexual violence policies and its nondiscrimination notice do not comply with Title IX requirements.

The Education Department earlier this year released the names of dozens of schools, including SMU, facing Title IX sexual violence investigations. Some have reached similar agreements. About 90 schools still face reviews, among them two other Texas schools -- the University of Texas-Pan American and Cisco Junior College.

Between June 2011 and March 2013, the agency received three complaints alleging SMU did not promptly or equitably respond to reports of gender harassment, sexual harassment and/or sexual assault, according to a letter Thursday to SMU President R. Gerald Turner.

The private university in Dallas with about 11,000 students agreed to take specific steps to comply, the agency said. The investigation was conducted by the department's Office for Civil Rights.

"This voluntary resolution agreement with OCR confirms SMU's commitment to provide a safe and supportive campus environment and to follow the Department of Education's Title IX guidelines as they continue to evolve," SMU said in a statement Thursday.

SMU also has implemented new policies and procedures with the well-being of students the highest priority, it said.

"I appreciate Southern Methodist University's strong commitment in this agreement to provide a safe and supportive educational environment for its students," said Catherine E. Lhamon, assistant secretary for civil rights. "I look forward to working with Southern Methodist University in its implementation of the agreement."

According to the DOE, through this agreement, SMU commits to take the following specific actions:

  • Revise and, following OCR review and approval, finalize its "interim" Title IX grievance procedures to comply with Title IX.
  • Report to OCR on SMU's ongoing implementation of the Task Force recommendations, including those requiring: the creation of a pocket-sized card for all SMU employees with information about how to support students who report sexual misconduct and a checklist for staff members who may meet with a student to outline their rights and the resources available; clearer protections against retaliation; and the development of bystander intervention training.
  • Develop and implement a procedure for sharing information between the SMU Police Department and the Title IX coordinator.
  • Notify students and employees about the university's Title IX coordinators and their contact information in its nondiscrimination notice, as well as in other publications and notices.
  • Track harassment reports, investigations, interim measures, and resolutions.
  • Train staff and students on the revised university policies and procedures.
  • Conduct annual climate assessments to inform future proactive steps to be taken by SMU.
  • Review sexual harassment/violence complaints and reports of sexual harassment/violence filed during and since 2012-2013 to determine whether the institution investigated each complaint or report promptly and equitably and, following OCR review and approval of SMU's proposed response, take action to address any problems identified.
  • Provide reimbursement for one student for university-related expenses and counseling.

SMU will review sexual harassment and violence complaints to determine whether the school properly investigated and responded, and agreed to create a pocket-size card for all employees with information about how to support students who report sexual misconduct.

Copyright AP - Associated Press
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