[Updated (10/12/2016, 4:10 p.m.) with a statement from the college.]
Wesley College, in Delaware, violated the gender-equity law known as Title IX by denying students accused of sexual violence a fair disciplinary process, the U.S. Department of Education’s Office for Civil Rights announced on Wednesday.
The office, known as OCR, began its investigation after an accused student filed a complaint saying the college had not fully investigated a sexual-misconduct report against him. The complaint said the student had been expelled within seven days in April 2015, a few days before his graduation, according to OCR.
The department found that Wesley had violated Title IX for failing to provide the accused student with procedural protections or a full opportunity to respond to the charges, rebut the accusations, or defend himself at a hearing. Among the violations, the student was not interviewed during the investigation of the complaint and did not receive a copy of the incident report before the hearing.
OCR’s investigation of sexual-misconduct cases at Wesley from 2013 to 2015 found that the college had provided no evidence that the accused students were interviewed before they were punished with interim suspensions. Some students received interim suspension on the same day as an alleged victim filed a complaint.
Wesley and the department reached an agreement to end the investigation. Under its stipulations, Wesley agreed to, among other things:
- Complete its investigation of the incident involving the accused student and other accused students in compliance with Title IX.
- Investigate or re-investigate deficiencies in cases filed from 2013 to 2015.
- Give the department copies of the college’s incident files of sexual-harassment or sexual-assault cases for the next two academic years.
Finding a college not in compliance with Title IX just for trampling the rights of accused students is an apparent first for the department during its heightened enforcement of the federal law.
In a written statement, Robert E. Clark II, Wesley’s president, and Wanda Anderson, dean of students, said the college remained committed to protecting its students, faculty, and staff.
“As a community, we affirm the inherent dignity and advocate for the safety and well-being of all our students,” they said. “Wesley College appreciates the insights and recommendations provided by the Office for Civil Rights, and will incorporate them into our ongoing efforts of providing our students and community an educational environment that is second to none.”
For more, see this Chronicle article.
