We will never know if a jury would have concluded that Michigan State should have known earlier that athletics department doctor Larry Nassar was a sexual predator and responded accordingly to prevent his continued abuse of university athletes as well as those on the Olympic gymnastics team for whom he also worked. We do know, however, that it was worth $500 million dollars to Michigan State not to have to find out: Today comes news that the university has settled for that amount with the 332 alleged victims who have sued the university and other defendants for damages stemming from the sexual abuse they endured from Nassar. $75 million of that will be placed in trust for victims that haven't yet been identified, while the remainder will be divided among the plaintiffs.
The settlement only affects claims against Michigan State University and individual university defendants. USA Gymnastics, the United States Olympic Committee, and other individuals involved with the national team remain parties to the suit. Nassar himself is serving an effective life sentence in prison. He plead guilty to nine counts of assault as well as federal child pornography crimes.
Showing posts with label Michigan State. Show all posts
Showing posts with label Michigan State. Show all posts
Wednesday, May 16, 2018
Tuesday, April 03, 2018
Big Payouts--Not to Victims
A few weeks ago I wrote about the costs of Title IX violations focusing on the money schools are spending to defend themselves against lawsuits. I mentioned, in that post, that the costs Baylor has incurred are unknown; only that they continue to litigate several cases involving multiple plaintiffs and that they have settled one case.
But Baylor has not just been negotiating settlements with plaintiffs. This week we found out what Baylor paid a lot of money to get rid of former football coach Art Briles and former president, Kenneth Starr. In June 2016, the school reached agreements with both men. Briles received $15.1 million and Starr's severance was $4.5 million.
Baylor's settlement with one victim in the fall of 2017 was confidential. My educated guess is that it was not even close to what these men received.
I want to also note the difference in the amount of the settlements. Coaches get bought out of contracts all the time--a practice which I find infuriating but almost unbearable when the coach is being released because of bad behavior. Briles is just the latest of this group. (Technically not the latest. Rick Pitino is being paid very well for his role in the college basketball bribery scandal. The information about Briles's severance is the newest, however.)
Look at the payouts and figure out who had power and influence on that campus and think about how Baylor continues to deny there was a culture of sexual hostility on campus. Football players were not the only perpetrators, but they were definitely protected by the system. The system, if we are going based on payouts, that Briles ruled over--even more so than the university's president.
Another former president may also be rewarded for her complicity in the sexual abuse of gymnasts scandal. Lou Anna Simon, who stepped down as the president of Michigan State University could get over $1million easily if she comes back as a faculty member in addition to a slew of other perks and benefits. There was some outrage over the conditions stipulated in her contract but I have nor heard any more about whether she will be returning and under what conditions.
But Baylor has not just been negotiating settlements with plaintiffs. This week we found out what Baylor paid a lot of money to get rid of former football coach Art Briles and former president, Kenneth Starr. In June 2016, the school reached agreements with both men. Briles received $15.1 million and Starr's severance was $4.5 million.
Baylor's settlement with one victim in the fall of 2017 was confidential. My educated guess is that it was not even close to what these men received.
I want to also note the difference in the amount of the settlements. Coaches get bought out of contracts all the time--a practice which I find infuriating but almost unbearable when the coach is being released because of bad behavior. Briles is just the latest of this group. (Technically not the latest. Rick Pitino is being paid very well for his role in the college basketball bribery scandal. The information about Briles's severance is the newest, however.)
Look at the payouts and figure out who had power and influence on that campus and think about how Baylor continues to deny there was a culture of sexual hostility on campus. Football players were not the only perpetrators, but they were definitely protected by the system. The system, if we are going based on payouts, that Briles ruled over--even more so than the university's president.
Another former president may also be rewarded for her complicity in the sexual abuse of gymnasts scandal. Lou Anna Simon, who stepped down as the president of Michigan State University could get over $1million easily if she comes back as a faculty member in addition to a slew of other perks and benefits. There was some outrage over the conditions stipulated in her contract but I have nor heard any more about whether she will be returning and under what conditions.
Tuesday, January 30, 2018
Michigan State Investigated Nassar in 2014
The Atlantic recently reported in more detail about Michigan State's 2014 investigation of Larry Nassar, who was recently sentenced to up 175 years in prison for molesting athletes he worked with in his capacity as doctor for the U.S. gymnastics team, and who also worked for Michigan State's athletic department. In 2014, Michigan State received a complaint from an athlete. After investigating the complaint, university employees found no evidence of misconduct and cleared Nassar to return to work. As the Atlantic describes it:
Here, there was obviously a pattern of abuse for investigators to discover. At that point, according to another expert quoted in the story, they should have realized that the scope of the investigation and its impact on the university warranted outside help. When I spoke to the reporter about this story, I had to consider the possibility that the failure to make that decision was a good-faith mistake. But I also acknowledged that the way the investigation was handled raises the possibility that university officials acted with intent to protect a renowned and powerful physician on its staff. As Michigan State is now under investigation by the state attorney general, it is possible more evidence will come to light, whether Michigan State's motives were benign or nefarious.
The Title IX complaint—in which the former MSU student Amanda Thomashow described Nassar massaging her breasts and vaginal area during medical examinations—was handled by Kristine Moore, the school’s Title IX coordinator and a full-time MSU employee. Moore, now MSU’s Assistant General Counsel, responsible for protecting the school from legal liability, concluded that Nassar’s behavior was “medically appropriate,” a judgment she reached based on interviews with three medical specialists and an athletic trainer. All four had personal ties to Nassar, and all four were employed by Michigan State.The article also describes how Moore, the Title IX Coordinator, gave Thomashow a sanitized version of her final report, that omitted findings about the "unnecessary trauma" on his patients. That version was not publically released until recently, raising questions about why it was kept private and the effect of its suppression on Nassar's continued behavior. The article also questions why Michigan State chose to investigate the complaint internally, rather than outsource it to a private firm. Title IX officials are required to avoid conflicts of interests when handling Title IX complaints, and outsourcing investigations is a way to ensure that bias and familiarity with the parties does not influence the investigators' and decisionmakers' actions. External investigations are also used when the scope of an investigation is beyond the capacity of a university's staff, or (as I pointed out to the reporter) when the university needs to assure the public that the outcome of the investigation is unbiased.
Here, there was obviously a pattern of abuse for investigators to discover. At that point, according to another expert quoted in the story, they should have realized that the scope of the investigation and its impact on the university warranted outside help. When I spoke to the reporter about this story, I had to consider the possibility that the failure to make that decision was a good-faith mistake. But I also acknowledged that the way the investigation was handled raises the possibility that university officials acted with intent to protect a renowned and powerful physician on its staff. As Michigan State is now under investigation by the state attorney general, it is possible more evidence will come to light, whether Michigan State's motives were benign or nefarious.
Sunday, January 21, 2018
Larry Nassar, rape culture, and blogging in 2018
This post is going to be a little more personal than others--or perhaps more accurately it will acknowledge the personal aspects of doing this blog and work; something I have been thinking about for a few months.
This past week the case of former USA Gymnastics doctor Larry Nassar dominated sports and non-sports news. We have not covered this case, in part, because it initially was outside our purview given the focus on Nassar's role as a doctor for a national governing body, USA Gymnastics. Most of the coverage this week has continued that focus, but there have also been mentions of the role of Michigan State University in allowing the abuse to continue as they ignored complaints about Nassar that began in the early 1990s. Journalists and activists, including some of our colleagues, have done and continue to do an excellent job covering all the aspects of this case. *
In terms of MSU's role, I see this as a pivotal moment in how seriously we as a culture and intercollegiate sport as an institution are going to take the sexual abuse of young women. This situation is not entirely dissimilar to what happened at Penn State but to date I have not heard the Nassar case discussed in the same way despite the fact that the abuse was ongoing, systemic, occurred in campus facilities, and was made known to people who could have stopped it. (See the column by Jessica Luther linked below as the one exception I found as I was editing this post.) Is the NCAA going to step in? Are administrators going to be fired? This is abuse and cover-up on a massive scale; I will not say it is "worse" than Penn State (playing that game helps no one) but certainly farther-reaching because of Nassar's role with USA Gymnastics. Who will be held responsible and in what ways? This case should not be over when sentencing ends. (A link I posted below addresses some of these issues.)
My own attention to the case has been admittedly a little distant. I have been following it but not closely. I have mentioned it in my classes but not assigned readings or had in-depth discussions. That is likely to change this semester, but I am still working out the details. I saw snippets of the hearings in the gym, channel surfing, and on videos FB friends have posted. I finally, last night, sat down to watch all of Aly Raisman's statement to the court.
This is all to say that these stories--the flood of stories--have created so many different responses and reactions; the range of which I will not attempt to articulate here but certainly include empowerment and awareness. My own responses have varied, and I am speaking of over the years not just the last few months. We have been writing about sexual assault for years now. There are cases to which I have become very invested for one reason or another. Stories which have stuck with me. Injustices--so many injustices--which anger, and frustrate, and sadden me. These feelings remain even after I hit the publish button.
They are with me when I go to the liquor store and see young college men filling carts with pails of margarita mix, boxes of pink wine, and handles of liquor. I wonder and worry what is going to happen that night just up the hill from where I live. They are with me when I look at my students, whose lives are so very different than mine. I wonder what they have been through, what negotiations they engage in every weekend. In the former situation I feel mostly helpless. In the latter, I make sure everyone knows whether because of a sticker on my door or my words in class, that I am there. Unfortunately being there usually means being there after the fact.
Sexual assault is not new and the activism to address and prevent it is not either, which likely means that the frustration and weariness is also not new. While I am not one for catchphrases, the concept of persistence is certainly at the forefront of my thinking these days. I also realize that it is not something everyone is capable of and certainly not all the time. And I am grateful for everyone who is writing and protesting and testifying and doing this work.
I am saying this now and here not to detract from the Nassar case; I believe it is all related. Rather I am using it to explain in part why I blog and what my intentions are going forward. In the past year plus, the blogging has not been so prolific and while there are a number of reasons for this, one is that these posts are more difficult to write.
I am not going to share the entire Title IX Blog origin story, but when we started this in 2006 (!!) it all felt easier--and simpler. Teams getting cut, facilities, game times, practice schedules that all favored men's teams--these things were clear cut. Even my cultural contextualization of the inequities was not especially difficult. As we saw more and more retaliation cases and former female coaches suing their institutions, things got slightly more complicated but more so because of the evidence available, not the law.
How the law is being interpreted is changing. This makes things more difficult. Also, cases are more complicated which makes trying to interpret and then write about them difficult; and this takes time because I aim to do more than just report the facts as they have been presented in other media sources.
I will continue to write about the "easy" things, but my focus for 2018 is to engage thoughtfully and critically with the harder things, primarily college sexual assault and the intersections with athletics, and the protection of transgender students. These issues are personal for me. While I am an educator and scholar (things perceived as professional though also personal for me), I am also a queer woman who knows many survivors and who loves people who cannot always use bathrooms and other spaces safely.
I applaud Nassar's victims who have been able to achieve a feeling of empowerment, and I feel for and sympathize with others who are not there and may never be and hope they know that everyone's process is different and valid.
Finally, I want to extend this virtual thank you to all the activists, scholars, lawyers, administrators, and others who are doing work on Title IX, gender and sexual orientation discrimination, and sexual assault. While at times it may not seem necessary for me personally to write another piece about the case that everyone else is talking and writing about, the larger movement and the people who comprise it remind me that every word is important.
* Nancy Hogshead-Makar: How to Stop Sexual Abuse in Sports; law professor, Michael McCann on legal ramifications; Jessica Luther on Sandusky vs Nassar;
This past week the case of former USA Gymnastics doctor Larry Nassar dominated sports and non-sports news. We have not covered this case, in part, because it initially was outside our purview given the focus on Nassar's role as a doctor for a national governing body, USA Gymnastics. Most of the coverage this week has continued that focus, but there have also been mentions of the role of Michigan State University in allowing the abuse to continue as they ignored complaints about Nassar that began in the early 1990s. Journalists and activists, including some of our colleagues, have done and continue to do an excellent job covering all the aspects of this case. *
In terms of MSU's role, I see this as a pivotal moment in how seriously we as a culture and intercollegiate sport as an institution are going to take the sexual abuse of young women. This situation is not entirely dissimilar to what happened at Penn State but to date I have not heard the Nassar case discussed in the same way despite the fact that the abuse was ongoing, systemic, occurred in campus facilities, and was made known to people who could have stopped it. (See the column by Jessica Luther linked below as the one exception I found as I was editing this post.) Is the NCAA going to step in? Are administrators going to be fired? This is abuse and cover-up on a massive scale; I will not say it is "worse" than Penn State (playing that game helps no one) but certainly farther-reaching because of Nassar's role with USA Gymnastics. Who will be held responsible and in what ways? This case should not be over when sentencing ends. (A link I posted below addresses some of these issues.)
My own attention to the case has been admittedly a little distant. I have been following it but not closely. I have mentioned it in my classes but not assigned readings or had in-depth discussions. That is likely to change this semester, but I am still working out the details. I saw snippets of the hearings in the gym, channel surfing, and on videos FB friends have posted. I finally, last night, sat down to watch all of Aly Raisman's statement to the court.
This is all to say that these stories--the flood of stories--have created so many different responses and reactions; the range of which I will not attempt to articulate here but certainly include empowerment and awareness. My own responses have varied, and I am speaking of over the years not just the last few months. We have been writing about sexual assault for years now. There are cases to which I have become very invested for one reason or another. Stories which have stuck with me. Injustices--so many injustices--which anger, and frustrate, and sadden me. These feelings remain even after I hit the publish button.
They are with me when I go to the liquor store and see young college men filling carts with pails of margarita mix, boxes of pink wine, and handles of liquor. I wonder and worry what is going to happen that night just up the hill from where I live. They are with me when I look at my students, whose lives are so very different than mine. I wonder what they have been through, what negotiations they engage in every weekend. In the former situation I feel mostly helpless. In the latter, I make sure everyone knows whether because of a sticker on my door or my words in class, that I am there. Unfortunately being there usually means being there after the fact.
Sexual assault is not new and the activism to address and prevent it is not either, which likely means that the frustration and weariness is also not new. While I am not one for catchphrases, the concept of persistence is certainly at the forefront of my thinking these days. I also realize that it is not something everyone is capable of and certainly not all the time. And I am grateful for everyone who is writing and protesting and testifying and doing this work.
I am saying this now and here not to detract from the Nassar case; I believe it is all related. Rather I am using it to explain in part why I blog and what my intentions are going forward. In the past year plus, the blogging has not been so prolific and while there are a number of reasons for this, one is that these posts are more difficult to write.
I am not going to share the entire Title IX Blog origin story, but when we started this in 2006 (!!) it all felt easier--and simpler. Teams getting cut, facilities, game times, practice schedules that all favored men's teams--these things were clear cut. Even my cultural contextualization of the inequities was not especially difficult. As we saw more and more retaliation cases and former female coaches suing their institutions, things got slightly more complicated but more so because of the evidence available, not the law.
How the law is being interpreted is changing. This makes things more difficult. Also, cases are more complicated which makes trying to interpret and then write about them difficult; and this takes time because I aim to do more than just report the facts as they have been presented in other media sources.
I will continue to write about the "easy" things, but my focus for 2018 is to engage thoughtfully and critically with the harder things, primarily college sexual assault and the intersections with athletics, and the protection of transgender students. These issues are personal for me. While I am an educator and scholar (things perceived as professional though also personal for me), I am also a queer woman who knows many survivors and who loves people who cannot always use bathrooms and other spaces safely.
I applaud Nassar's victims who have been able to achieve a feeling of empowerment, and I feel for and sympathize with others who are not there and may never be and hope they know that everyone's process is different and valid.
Finally, I want to extend this virtual thank you to all the activists, scholars, lawyers, administrators, and others who are doing work on Title IX, gender and sexual orientation discrimination, and sexual assault. While at times it may not seem necessary for me personally to write another piece about the case that everyone else is talking and writing about, the larger movement and the people who comprise it remind me that every word is important.
* Nancy Hogshead-Makar: How to Stop Sexual Abuse in Sports; law professor, Michael McCann on legal ramifications; Jessica Luther on Sandusky vs Nassar;
Wednesday, July 05, 2017
Recent happenings: Florida, Baylor, Michigan State
Amidst the ever-growing pile of evidence that civil rights laws and statutes will not be defended, inspected, upheld by this administration (suspect nominations, budget & staffing cuts, etc.), there was some good news this week. OCR is investigating the University of Florida's handling of a sexual assault accusation against football player Antonio Callaway. We discussed this case last year when Callaway faced a student disciplinary hearing because the hearing itself was unusual in that it was presided over by a football booster who is also a lawyer. UF had never brought in an outsider to preside over disciplinary hearings and that this person was overseeing a case involving a football player was deeply suspect. The accuser herself boycotted the hearing. No one from UF will speak on the matter because the investigation is ongoing. The accuser--who filed the complaint--and her team have previously commented on the situation.
Baylor must have an abundance of shovels because they just keep digging themselves deeper and deeper. Most recently, a former regent (who was on the board at the time of many of the alleged incidents of rape) chastised the alcohol consumption habits of female undergrads at the school during series of 2009 emails about alleged sexual misconduct on campus. The former regent, and district attorney, Neal Jones's emails are part of evidence in one of the six current lawsuits against the university. Because underage drinking violates Baylor's Christian-based standards, Jones implies--at best--that the issue should be moot. Except his language reveals significant misogynist blame: “Those perverted little tarts had better be thanking their lucky stars that my guns are all aimed at a worse group of insidious scoundrels than themselves for the time being.” The plaintiffs (there are 10) contend that these attitudes about women and drinking and sexual assault--which existed, as evidenced--at the highest levels of Baylor leadership, contributed to the culture of sexual violence and the lack of appropriate responses to the reports of sexual assault.
Last week Baylor asked for one of the lawsuits it is facing be dismissed. This lawsuit has a single plaintiff, a former volleyball player, who alleges she was drugged and gang raped in 2012 by up to eight football players. Baylor contends that her right to make these claims expired in spring 2015. They also protested the language of her lawsuit which they felt was inflammatory and they are trying to strike from the court record her contentions that Baylor promised sex with female hostesses to football recruits.
It does not seem likely the the move to dismiss will be granted, though Baylor has now attempted to get all six of the lawsuits it is facing dismissed. A district court judge said in March that Baylor sexual assault victims will have until 2018 to file lawsuits against the university.
Far north of Texas, Michigan State University has also been dealing allegations of sexual assault against football players. At this time, the situation at MSU does not appear to be as widespread as at Baylor and officials actually investigated the January assault. These assaults are starting to look eerily familiar: a woman raped by more than one athlete and the incident being recorded. The three MSU football players were dismissed from the team in February (after criminal charges were filed) and subsequently found guilty by the school of violating the sexual misconduct policy and expelled this past week. The lawyer for one of the accused criticized the university's investigation for not being thorough citing all the evidence currently entered as part of the criminal trial thus reinforcing the misconception that student hearings are similar to the criminal justice system. A hearing for the men is scheduled for September. In another departure from Baylor, MSU hired an outside firm to investigate the football program after the allegations became known.
Baylor must have an abundance of shovels because they just keep digging themselves deeper and deeper. Most recently, a former regent (who was on the board at the time of many of the alleged incidents of rape) chastised the alcohol consumption habits of female undergrads at the school during series of 2009 emails about alleged sexual misconduct on campus. The former regent, and district attorney, Neal Jones's emails are part of evidence in one of the six current lawsuits against the university. Because underage drinking violates Baylor's Christian-based standards, Jones implies--at best--that the issue should be moot. Except his language reveals significant misogynist blame: “Those perverted little tarts had better be thanking their lucky stars that my guns are all aimed at a worse group of insidious scoundrels than themselves for the time being.” The plaintiffs (there are 10) contend that these attitudes about women and drinking and sexual assault--which existed, as evidenced--at the highest levels of Baylor leadership, contributed to the culture of sexual violence and the lack of appropriate responses to the reports of sexual assault.
Last week Baylor asked for one of the lawsuits it is facing be dismissed. This lawsuit has a single plaintiff, a former volleyball player, who alleges she was drugged and gang raped in 2012 by up to eight football players. Baylor contends that her right to make these claims expired in spring 2015. They also protested the language of her lawsuit which they felt was inflammatory and they are trying to strike from the court record her contentions that Baylor promised sex with female hostesses to football recruits.
It does not seem likely the the move to dismiss will be granted, though Baylor has now attempted to get all six of the lawsuits it is facing dismissed. A district court judge said in March that Baylor sexual assault victims will have until 2018 to file lawsuits against the university.
Far north of Texas, Michigan State University has also been dealing allegations of sexual assault against football players. At this time, the situation at MSU does not appear to be as widespread as at Baylor and officials actually investigated the January assault. These assaults are starting to look eerily familiar: a woman raped by more than one athlete and the incident being recorded. The three MSU football players were dismissed from the team in February (after criminal charges were filed) and subsequently found guilty by the school of violating the sexual misconduct policy and expelled this past week. The lawyer for one of the accused criticized the university's investigation for not being thorough citing all the evidence currently entered as part of the criminal trial thus reinforcing the misconception that student hearings are similar to the criminal justice system. A hearing for the men is scheduled for September. In another departure from Baylor, MSU hired an outside firm to investigate the football program after the allegations became known.
Friday, July 29, 2016
Does Michigan State's Women-Only Study Lounge Violate Title IX?
The Washington Post reported this week on the controversial decision by Michigan State University to lift the women-only designation that had formerly applied to a study lounge in the student union. Though the timing coincides with public critique of the lounge by a professor from the University of Michigan, MSU contends that it had already decided to remove the women-only designation as a means to comply with Title IX. Female and male MSU students alike have reportedly responded to the decision by petitioning the university to reinstate the women-only space.
Putting aside the question of whether a women only lounge is a helpful and/or necessary, I have to say that I agree with MSU's assessment that a study lounge designated for women only is a violation of Title IX. I furthermore disagree with the university's apparent belief that adding a comparable lounge for men -- an idea that MSU rejected -- would have cured the legal problem.
Title IX by its terms bans sex discrimination in federally funded institutions. Technically, the only time it is permissible to treat students differently on the basis of sex is when there is an exception written in to the statute or into the regulations. . In terms of facilities, these areas include housing, toilets, bathrooms and housing facilities, where "separate but equal" treatment is permissible (34 C.F.R. 106.32 & 106.33). In terms of programs, it is permissible for colleges and universities to separate men and women in athletics, some physical education classes that involve contact sports, and choruses. Id. at 106.34. Admissions of private undergrad institutions is not covered by Title IX which is how women's colleges can legally exist. But this exemption does not pertain to public schools like Michigan State, and even if it did, it does not give rise to a right to impose differential treatment on male and female students once they are admitted. Id. at 106.15. Elementary and secondary schools have a little more leeway to offer single-sex education in some circumstances, but this is not replicated for higher education outside the context of admissions. Id. at 106.34. Finally, there is a provision that allows a university to administer scholarships and awards that are designated for only one sex, so long as it "otherwise makes available reasonable opportunities for similar [opportunities] for members of the other sex." Id. at 106.37.
And that's it. Those are the exceptions to the default rule of equal treatment. So in the absence of a provision governing women's-only or gender-segregated study lounges, they are technically not allowed.
That said, students are justified in insisting on space to study that is free from interruption by other students who want to ask them out -- what appears to be the chief concern of petitioning students at MSU. One way to accomplish this would be for MSU to designate the lounge as a "quiet" lounge and prohibit all people from interrupting studiers, whether to ask them out or for other reasons that would presumably be equally intrusive. Or MSU could permit students to sign out the lounge (or parts of it) for use by study groups, which would permit a self-assembled group of female students to use the lounge at their designated time. A study lounge within a women's dormitory or on an all-women's floor would also be OK under the exception for housing. Finally, I'd argue that it would also be permissible to designate space for a gender-focused student group, such as the Society of Women Engineers. Though men could not legally be excluded from the lounge if they really wanted to make a big deal about it, a sign on the door declaring the space to be "SWE headquarters" would probably work to divert most male engineers to another lounge as a matter of respect and/or disinterest.
Putting aside the question of whether a women only lounge is a helpful and/or necessary, I have to say that I agree with MSU's assessment that a study lounge designated for women only is a violation of Title IX. I furthermore disagree with the university's apparent belief that adding a comparable lounge for men -- an idea that MSU rejected -- would have cured the legal problem.
Title IX by its terms bans sex discrimination in federally funded institutions. Technically, the only time it is permissible to treat students differently on the basis of sex is when there is an exception written in to the statute or into the regulations. . In terms of facilities, these areas include housing, toilets, bathrooms and housing facilities, where "separate but equal" treatment is permissible (34 C.F.R. 106.32 & 106.33). In terms of programs, it is permissible for colleges and universities to separate men and women in athletics, some physical education classes that involve contact sports, and choruses. Id. at 106.34. Admissions of private undergrad institutions is not covered by Title IX which is how women's colleges can legally exist. But this exemption does not pertain to public schools like Michigan State, and even if it did, it does not give rise to a right to impose differential treatment on male and female students once they are admitted. Id. at 106.15. Elementary and secondary schools have a little more leeway to offer single-sex education in some circumstances, but this is not replicated for higher education outside the context of admissions. Id. at 106.34. Finally, there is a provision that allows a university to administer scholarships and awards that are designated for only one sex, so long as it "otherwise makes available reasonable opportunities for similar [opportunities] for members of the other sex." Id. at 106.37.
And that's it. Those are the exceptions to the default rule of equal treatment. So in the absence of a provision governing women's-only or gender-segregated study lounges, they are technically not allowed.
That said, students are justified in insisting on space to study that is free from interruption by other students who want to ask them out -- what appears to be the chief concern of petitioning students at MSU. One way to accomplish this would be for MSU to designate the lounge as a "quiet" lounge and prohibit all people from interrupting studiers, whether to ask them out or for other reasons that would presumably be equally intrusive. Or MSU could permit students to sign out the lounge (or parts of it) for use by study groups, which would permit a self-assembled group of female students to use the lounge at their designated time. A study lounge within a women's dormitory or on an all-women's floor would also be OK under the exception for housing. Finally, I'd argue that it would also be permissible to designate space for a gender-focused student group, such as the Society of Women Engineers. Though men could not legally be excluded from the lounge if they really wanted to make a big deal about it, a sign on the door declaring the space to be "SWE headquarters" would probably work to divert most male engineers to another lounge as a matter of respect and/or disinterest.
Tuesday, November 24, 2015
Lawsuit Filed Against Michigan State Over Sexual Assault Response
Last week four women filed a lawsuit in federal court against Michigan State University to challenge the institution's response to incidents of sexual assault that they reported while enrolled as students. Two of the plaintiffs were allegedly assaulted by the same individual associated with Kappa Sigma fraternity, which is also a defendant in their case. In both of their cases, the university allegedly took an unusually long time to resolve the matters, 285 and 485 days respectively. The first plaintiff also alleges that the university's response amounted to the "deliberate indifference" required for institutional liability because school officials merely put the assailant on probation after finding him responsible for violating the code of conduct, for trying to dissuade her from filing a complaint to challenge retaliatory harassment, for allowing him to remain in the dorm where they both lived, and for suggesting that she transfer rather than take action to ensure her safety. The second plaintiff alleged that her case was also mishandled when the university officials departed from its stated policy by re-opening the matter after it had been resolved by the disciplinary process and upheld on appeal, and allowing the findings of a second investigation to overturn the decision to discipline the assailant.
The third and fourth plaintiffs' cases stemmed from reports against a different assailant but which also alleged indifference on the part of MSU officials. In one case, the Title IX Coordinator is alleged to have ignored the plaintiff's hospital records from the sexual assault examination that was conducted on the night of the rape. The other alleges that her rights were violated by the university's decision to allow her expelled assailant to return to campus for graduation.
Michigan State has recently been cited by the Department of Education's Office for Civil Rights for not responding to sexual assault reports in a prompt and equitable manner, a point that the plaintiffs include in their complaint as well. Because courts use a different and higher of liability than the agency does, OCR's conclusions do not control the outcome of this lawsuit. They do, however, add context to the plaintiffs' claims involving similar problems of delay and unfair treatment.
The third and fourth plaintiffs' cases stemmed from reports against a different assailant but which also alleged indifference on the part of MSU officials. In one case, the Title IX Coordinator is alleged to have ignored the plaintiff's hospital records from the sexual assault examination that was conducted on the night of the rape. The other alleges that her rights were violated by the university's decision to allow her expelled assailant to return to campus for graduation.
Michigan State has recently been cited by the Department of Education's Office for Civil Rights for not responding to sexual assault reports in a prompt and equitable manner, a point that the plaintiffs include in their complaint as well. Because courts use a different and higher of liability than the agency does, OCR's conclusions do not control the outcome of this lawsuit. They do, however, add context to the plaintiffs' claims involving similar problems of delay and unfair treatment.
Tuesday, September 01, 2015
Michigan State's Grievance Procedure Violated Title IX
Today the Department of Education's Office for Civil Rights released the findings and conclusions of its investigation into two students' complaints that Michigan State University mishandled their complaints of sexual assault and related harassment and retaliation. OCR determined that deficiencies in Michigan State's grievance procedure violated Title IX, as did its failure to notify students of the identity and role its Title IX Coordinator.
Specifically, OCR found that even though it had notice of the alleged assault on the first student, Michigan State waited weeks before commencing an investigation because its policies at the time did not permit the university to go forward until the alleged victim filed a formal complaint. OCR determined that once the University initiated the investigation, it provided a thorough, impartial and equitable response. In the second student's case, it took the University a year from the time of report to resolve the matter, a time frame that OCR determined did not satisfy the requirement for a "prompt" resolution.
In addition to reviewing the two complainant's cases, OCR also review three years worth of files documenting the university's response to sexual harassment and assault. There it found more instances of delayed resolution, as well as possible failure on the university's part to notify the complainants of the final outcomes in their cases and their rights to appeal. In one file, OCR made the "troubling" finding that the University waited until multiple sexual harassment complaints were filed to take action against a counselor who was reported to have harassed students who were seeking support for having been sexually assaulted. In another case, the University wrongly dismissed a claim of co-worker sexual harassment because it was not sufficiently severe, despite having found credible the complaining employee's description of how the harassment had negatively affected the work environment. There were other, similar examples of the University's inadequate handling of employee harassment.
In response to OCR's findings, Michigan State has agreed to a number of corrective measures, including revising inadequate policies, improving notice of the Title IX Coordinator, improving staff training as well as training for students and student-athletes in particular, developing a Memorandum of Understanding with local law enforcement, and offering to address any harm students who reported sexual harassment or assault incurred as a result of the university's delay in processing their complaints.
In addition to reviewing the two complainant's cases, OCR also review three years worth of files documenting the university's response to sexual harassment and assault. There it found more instances of delayed resolution, as well as possible failure on the university's part to notify the complainants of the final outcomes in their cases and their rights to appeal. In one file, OCR made the "troubling" finding that the University waited until multiple sexual harassment complaints were filed to take action against a counselor who was reported to have harassed students who were seeking support for having been sexually assaulted. In another case, the University wrongly dismissed a claim of co-worker sexual harassment because it was not sufficiently severe, despite having found credible the complaining employee's description of how the harassment had negatively affected the work environment. There were other, similar examples of the University's inadequate handling of employee harassment.
In response to OCR's findings, Michigan State has agreed to a number of corrective measures, including revising inadequate policies, improving notice of the Title IX Coordinator, improving staff training as well as training for students and student-athletes in particular, developing a Memorandum of Understanding with local law enforcement, and offering to address any harm students who reported sexual harassment or assault incurred as a result of the university's delay in processing their complaints.
Wednesday, February 26, 2014
University of Michigan, Michigan State Both Face Title IX Investigation
Investigators from the Department of Education's Office for Civil Rights will visit Michigan State this week as part of an investigation into the university's policies and practices for handling reports of sexual assault on campus. Details about this matter are sparse and it is unclear at least to me whether this investigation is responsive to complaint received by OCR, or initiated by the agency itself.
The University of Michigan is also under investigation for its handling of student's 2009 report that she had been raped by a football player, Brendan Gibbons. Gibbons was expelled in December for violating the university's sexual misconduct policy. My guess is that the timing of this result is what gave rise to the complaint, as Title IX requires schools to conduct disciplinary proceedings in a prompt and equitable manner.
The University of Michigan is also under investigation for its handling of student's 2009 report that she had been raped by a football player, Brendan Gibbons. Gibbons was expelled in December for violating the university's sexual misconduct policy. My guess is that the timing of this result is what gave rise to the complaint, as Title IX requires schools to conduct disciplinary proceedings in a prompt and equitable manner.
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