CLEVELAND — Case Western Reserve University (CWRU) has reached a settlement with the U.S. Department of Justice to reform its Title IX procedures following a two and a half-year investigation into how the school handled multiple complaints of sexual assault and harassment on campus.
The DOJ's probe, which was conducted by its Civil Rights Division as well as the U.S. Attorney's Office for the Northern District of Ohio, focused on alleged instances of "student-on-student and employee-on-student" harassment. Officials concluded that "CWRU did not respond appropriately to a well-known climate of sexual harassment in its Greek life program" and that staff members "did not report sexual harassment complaints to the office tasked with responding to such Allegations and providing students with support and resources."
Assistant Attorney General Kristen Clarke of the Civil Rights Division issued the following statement:
"All students should be able to participate in college life without being subjected to sex discrimination. Far too often, students on our nation’s college and university campuses face stalking, harassment or sexual assault. When sex discrimination rears its head, universities must respond appropriately to stop the misconduct and provide support so that the student can safely participate in school activities and complete their educational pursuits. This agreement would not have been possible without the many current and former student survivors who came forward and courageously shared their stories. We hope this agreement sends a message to the higher education community about the actions that must be taken to ensure that campuses are safe for all students."
There are 16 fraternities and 10 sororities registered with CWRU, and while not all of the complaints involved Greek life, a number of students who spoke to the DOJ described their negative views about the culture within that community. In particular, sexual misconduct in such spaces was described as "a pervasive norm," and certain fraternity chapters had a reputation of being particularly hostile.
Other students claimed they did not even know where to go to report sexual harassment, and even those who knew to go to the Office of Equity expressed distrust with the institution. Some employees were also chided for either not looking into allegations in a timely fashion or, in some cases, discouraging students from filing complaints.
"Our review of files confirmed that not only was the Office of Equity on notice that mandatory reporters on a number of occasions were failing to report incidents of sexual harassment, but the Office was also aware that some mandatory reporters had actively obstructed complainants from reporting instances of sexual harassment," a summary of the report read.
Read the full report below:
Under the terms of the agreement, the Justice Department has directed CWRU to adopt a number of policies, including:
- Publicizing Title IX policies and protocols and developing user-friendly materials so the CWRU community knows how to report concerns regarding sex discrimination and access resources to address it
- Delivering comprehensive annual training for all students and employees
- Implementing new policies, protocols and well-designed trainings to reform the university’s Greek Life programming
- Providing students who experience sex discrimination with resources to prevent disruptions to their education
- Funding the women’s center, Office of Greek Life and University Health and Counseling Services, as needed, to support students affected by sex discrimination
- Conducting outreach and analyzing trends to strengthen prevention and response to sex discrimination on campus
CWRU responded following the DOJ's announcement, expressing sorrow for past behavior of students and staff while also claiming to have already put in place a number of the DOJ's recommendations. The full statement from the school can be read below:
"For the past two and a half years, CWRU has cooperated fully with a Department of Justice (DOJ) investigation into potential Title IX violations on our campus. Today, the university entered into a voluntary agreement with the DOJ to help reassure stakeholders of our continuous focus on the safety and wellbeing of our students. This agreement marks the end of a long process and an opportunity for the university to reiterate its commitment to safety on campus.
"CWRU takes the moral responsibility to protect our campus community very seriously and we recognize that there is always room for improvement in our efforts to do so. In addition to its own internal review and in connection with the DOJ investigation, CWRU engaged Bruce Berman, a nationally recognized Title IX expert and partner in the law firm of WilmerHale, to review and evaluate CWRU's compliance with Title IX policies and procedures. While the DOJ's findings do not align with these assessments, we have identified additional ways to enhance our Title IX processes.
"CWRU has already instituted many of the DOJ's safety recommendations, including intensifying efforts to increase awareness about resources available to report and resolve misconduct, as well as free counseling and support services for all students, faculty and staff. The university has retained an additional external law firm, Jones Day, to provide a subsequent independent review of CWRU's Title IX processes. This review will help assess whether CWRU had any gaps in its Title IX policies and procedures, allowing the university to further strengthen its efforts moving forward. Yvette McGee Brown, a former Ohio Supreme Court Justice with experience in Title IX matters, and Justin Herdman, a former U.S. Attorney for the Northern District of Ohio, will lead this process.
"We recognize that these actions do not alleviate the experiences that some members of our CWRU family have had while on campus. To those impacted, we are committed to fostering trust by further enhancing our resources to provide a vibrant and safe campus experience for all.
"If you or someone you know has experienced harassment, violence or other types of discrimination, the CWRU Office of Equity is here to support you. Services are free and confidential for all CWRU students, faculty and staff members. If you need assistance, please call us today at 216.368.3066 or email equity@case.edu.
"If you reported an incident to the Office of Equity between August 2017 and May 2021 and do not feel that your expectations were met, we encourage you to submit information on your matter (at no cost) to Jones Day, an external, third-party law firm, at CWRUTitleIXReview@JonesDay.com."
Despite the scathing critiques, the DOJ said CWRU had "fully cooperated" over the course of its investigation. Here are the full terms of the agreement: