UConn settles lawsuit

Late last week the University of Connecticut announced it had settled the lawsuit brought by five current and former female students. The women were accusing the university of mishandling their respective sexual assault cases. The $1.3 million settlement brings with it a no guilt finding and the withdrawal of the names of several of the women who had also filed a complaint with OCR. There are more names on that complaint, which continues to be investigated.
The settlement will be divided among the five women with each receiving a different amount. What we found interesting was that the bulk of the money, $900,000, will go to the last woman who joined the lawsuit, a former student who was a first-year student at the time of her assault. She was also a goalie on the hockey team who was dismissed from the team after reporting she was raped by a member of the men's hockey team. Her coach, who left the team at the end of this past season, said she was not "stable enough" to play on the team. The university has said it was the goalie's knee injury that lead to her release from the team. Obviously the amounts each woman will receive were carefully negotiated, but we have not heard the legal rationale for the large sum awarded to her specifically. It could be because of the loss of the opportunity to play college hockey, though there is no obvious monetary value there and the university did refund her tuition and expenses from the time she spent at UConn.

Will states fill in the gaps?

The Connecticut legislature has sent to the desk of Governor Daniel Malloy a bill that implements specific policies for how Connecticut colleges and universities must deal with reports of sexual assault. The law applies to both public and private schools and was motivated, in part, by the complaints University of Connecticut students filed earlier this year which outlined the problems they encountered throughout the university system in reporting and trying to resolved their respective cases.
The law is being called the strongest in the country, in part because it mandates some of the White House's recommendations and best practices.
The bill includes provisions for partnerships with community sexual assault and health centers so as to provide students medical care. It also calls for written policies and procedures to be provided immediately to every student who reports a sexual assault in order to guide her/him through the process.
And, like the Clery Act at the federal level, the new law would require schools to report incidents of sexual assault to the Connecticut General Assembly.
The law passed both chambers unanimously but the governor's office has only said that he will review it when it arrives on his desk.

Investigation Reveals UConn's Inadequate Response to Professor's Misconduct

The University of Connecticut was the subject of an independent investigation that concluded this week with the release of a report that detailed findings of sexual misconduct by a professor and the university's mishandling of the situation. 

The report, commissioned by the state attorney general and compiled by a private law firm, set forth "strong, credible evidence" that Robert F. Miller, a faculty member who used to chair the music department, engaged in numerous incidents of misconduct.  In addition to generally having poor boundaries with students (taking them on trips, drinking with them, being naked with one of them in a hot tub, and giving massages to them), there were also incidents involving inappropriate touching of other young boys, such as a colleague's then-13-year-old son, campers at a camp where he had volunteered, and students at a Virginia middle school were Miller worked in the 1960s.  

The report also describes how university officials, in particular, the former Dean of the School of Fine Arts, ignored rumors that have persisted since as early as 2003 about Miller's misconduct with campers and his inappropriate relationship with students.  In 2006, that same Dean also received an email from one of the former middle school students accusing Miller of sexual abuse.  Yet, according to the report, "no one took appropriate action to ensure the safety of minors on campus or University students."  Later, in 2007, University officials discussed some allegations of Miller's misconduct, but did not follow up with any action to protect students and ensure their safety.  It wasn't until last February that Miller's Dean reported concerns about Miller to the university's Title IX Coordinator, triggering a process that resulted in Miller's suspension and ban from campus. 

It does not appear that UConn is facing any legal action arising from this matter, and no students have come forward as victims.  However, in another matter, the university's policies for protecting students from sexual assault are the subject of an OCR investigation and a Title IX lawsuit.

Sexual Assault Roundup

There's been lots of news about individual colleges' policies and practices regarding sexual assault.   Here is a brief roundup.
 
In (albeit anecdotal) evidence of colleges taking sexual assault grievances seriously, the University of Michigan expelled a football player for sexual assault. 

Amherst College expelled a student as well.

At the University of Connecticut, OCR is confirmed to have opened an investigation in response to complaints of its mishandling of sexual assault.  A private lawsuit is also underway. 

Swarthmore announced changes to its sexual assault and harassment policies, in response internal investigations prompted by a federal complaint filed last year. 

University of North Carolina reports a stronger partnership between its department of public safety and other parts of campus in support of a more effective sexual assault response. 

Iowa State students are now required to take an online training on violence prevention, as part of its universities efforts to comply with requirements of Title IX.  

The University of Colorado announced the positive results of an external review of its Title IX policies, while setting goals to exceed the minimum requirements of compliance. Separately, the university made news by removing the chair of its department of philosophy, amid allegations of sexual harassment.

UConn Women File Sexual Assault Complaint

A group of female students and former students at the University of Connecticut have filed a complaint with OCR, alleging that the university failed to adequately protect them or respond to instance of campus sexual assault. One of the students alleges that she rebuffed by campus police, who did not take serious the threats of rape she received after publicly criticizing the university athletic department for not adequately addressing instances of assault instances involving male athletes. Another claims she was victim-blamed by a campus police officer, who told her that "women need to stop spreading their legs like peanut butter, or rape is going to keep on happening until the cows come home." That same student alleges that she was not notified when the university revoked the sanction of expulsion it had initially applied to her assailant, and she had to confront him in the dining hall.  A third student also reports that campus police ignored her complaint that she had been assaulted by a male student athlete.  If an OCR investigation determined that these allegations are true, it could use its Title IX enforcement power to require the university to improve its sexual assault policies and practices.

The students are represented by attorney Gloria Allred, who also represented the students from Occidental College in a similar matter.  Occidental recently paid a financial settlement to avoid a lawsuit with the complainants.

Gender-Neutral Housing at UConn

The University of Connecticut's Daily Campus reports on a new pilot program at UConn that allows for "gender-neutral housing". Basically, the program lets students live in university housing without regard to their gender or the gender of their roommates. UConn decided to try gender-neutral housing to address concerns voiced by members of the LGBT community, as well as students who had cited religious or cultural reasons to live in the same room as members of their own family who happened to be a different gender. Students who opt to live in gender-neutral housing need not indicate their gender on the housing application form.

UConn joins numerous other undergraduate schools that have gender-neutral housing, including the University of Colorado, Stanford, the University of Massachusetts, the University of Pennsylvania and Wesleyan University.

New magazine for high school athletes

RISE magazine released yesterday a special issue called GIRL, the focus of which is the high school female athlete. RISE is a publication devoted to local (they have 25 cities around which they create editorial content) and national news about high school sports.

The cover of GIRL features UConn recruit Elena Delle Donne who will be playing her final year of high school basketball at Ursuline Academy in Delaware this year.

The issue also includes interviews with members of US national soccer team (currently starring in the World Cup in China--check out their semifinal game Thursday morning) and what Title IX has meant to them.

The magazine cover has the heading: "First ever magazine for the high school female athlete" and a special "Premiere Issue" sticker on it which implies GIRL will be a recurring publication, but the press for the release of the magazine is referring to it as a special issue. Whether this is a one-time only or a regular publication, it seems to be worth checking out.