December 5, 2014
Hamilton College is under federal investigation from the Department of Education Office for Civil Rights for Title IX sexual violence violations.
The Office for Civil Rights (OCR) opened the Hamilton case on November 14. A U.S. Department of Education spokesman confirmed to The Spectator that as of Nov. 26, Hamilton is now one of 95 open cases relating to Title IX sexual violence investigations at 90 postsecondary institutions.
OCR opens investigations based on complaints alleging discrimination under five federal statutes. Typically, OCR must receive complaints within 180 days of the act the complainant believes was discriminatory. OCR will determine whether the complaint includes “enough information about the alleged discrimination to proceed to investigation.”
“Opening a complaint for investigation in no way implies that OCR has made a determination with regard to the merits of the complaint,” according to information on the complaint processing procedures on the Department of Education website.
School officials, citing the sensitivity of the information, declined to comment on any specifics regarding the case.
“While the OCR inquiry provides us with an opportunity to review and reflect on our process, I am confident the College responds fairly, sensitively and promptly to students who come forward with complaints, and that we adhere carefully to statutory requirements,” Senior Associate Dean of Students and Title IX Coordinator Meredith Harper Bonham stated in an email to The Spectator. She explained, “Our recent Sexual Misconduct Policy revisions demonstrate how seriously we are attending to the issue.”
Last May, President Joan Hinde Stewart announced the formation of a Title IX Task Force to assess the College’s compliance with OCR guidelines. This Task Force, which announced its changes in September, recommended splitting the current Harassment and Sexual Misconduct Policy into two distinct policies and creating “a more robust investigative process” centered around an investigative team composed of an external investigator and a trained member of the Harassment and Sexual Misconduct Board (HSMB). The recommendations also included eliminating the formal hearing process, something school officials and students both identified as unnecessarily stressful and even traumatizing.
OCR will act as a neutral fact-finder throughout the investigation of the College. Fact-finding techniques may include reviewing documents submitted by the complainant and the school, interviewing the complainant, College personnel or witnesses and/or site visits. Following the investigation OCR will determine, using a preponderance of the evidence, or “more likely than not” standard if Hamilton failed to comply with Title IX regulations.
“We are of course cooperating with the review, which entails providing the OCR with information about our procedures and our efforts to educate the College community about Title IX,” Harper Bonham said. “I feel we do very well in that area,” she added.
“My understanding is that it will take several months before we receive a response, which is understandable given that there are numerous investigations underway across the country,” Harper Bonham says.
OCR opened the investigation just a few days before the start of the “It’s On Us” Week of Action, an event sponsored by the White House as part of its focus on eliminating sexual assault on college campuses nationwide. The week’s events, sponsored by SAVES (Sexual Assault and Violence Education and Support) and Student Assembly’s Sexual Assault Prevention Committee, included Peer Advocate training sessions, a roundtable discussion on sexual assault prevention, a sexual assault Speak Out and the filming of an “It’s On Us” video campaign. Representatives from SAVES also created and distributed a survey to students asking questions about issues of sexual assault on campus.
While the administration speaks confidently about educating students regarding Title IX, Harper Bonham acknowledges the College can make improvements.
“There is more we can do to remind upper-class students. We will be looking at that population on how to create a culture on our campus that doesn’t allow those types of acts to occur,” she told The Spectator in September.
Advocates from SAVES agree. They want to see a stronger statement from the administration acknowledging there is a problem on campus.
“Amongst people I have spoken to, people who are also knowledgeable [of school policies] there is distrust towards the administration,” stated Chloe Shanklin ’15, chair of SAVES.
Shanklin, along with other SAVES advocates are studying policies at other comparable institutions. They point to programs at Connecticut College called the Think S.A.F.E. Project (Think Sexual Assault Free Environment), an office with a director who is a trained advocate in sexual assault, domestic/dating violence and stalking, as well as “Green Dot,” a bystander intervention program, as models Hamilton should adopt.
While OCR investigates Hamilton’s compliance with federal guidelines, many on the Hill advocate a more holistic review, designed to build a safer and more compassionate environment amongst students with greater trust in the administration.
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