DOJ report: UNM’s sexual assault policies not compliant with Title IX, need improvement

The U.S. Department of Justice Friday announced that the University of New Mexico’s handling of sexual harassment and assault reports by students does not comply with federal law and said many students are reluctant to report such matters because they lack confidence in the school’s response.

The Justice Department had investigated the university since December 2014 after a series of on-campus incidents and looked at UNM’s policies and practices for preventing sex crimes and for investigating and responding to students’ complaints.

The university worked in the months afterward to create campaigns aimed at stopping sexual violence, including the LoboRESPECT program. It also in the past had pointed to a task force on sexual violence it created in 2014 as showing the university was working toward solutions.

The report from the DOJ’s Civil Rights Division and Educational Opportunities Section, which was delivered to UNM President Robert Frank Friday, says that despite “strengthened” programs and responses to the issues, the university remains out of compliance with Title IX and Title IV.

The letter says students, faculty and staff “lacked basic understanding about reporting options, duties and obligations, as well as where to turn for help.”

The Justice Department also found “significant” gaps in training and procedures when it came to investigating sexual harassment and assault allegations, which it said led to confusion, delays and distress.

The report also found that students had difficulty finding support at the university after incidents, which sometimes led to negative impacts in the classroom and even altogether withdrawal from the university.

The DOJ’s conclusion to the report notes five pointed measures UNM will have to put in place in order to comply with Title IX:

• Provide comprehensive and effective training to all students, faculty and staff that gives notice of UNM’s prohibition on sexual harassment, including sexual assault; information about reporting options, duties and obligations; details on where to go for assistance; and information on grievance procedures and potential outcomes;
• Revise UNM’s policies, procedures and investigative practices to provide a grievance procedure that ensures prompt and equitable resolution of sexual harassment and sexual assault allegations;
• Adequately investigate or respond to all allegations by students who have alleged sexual assault or sexual harassment, including allegations of retaliation for reporting sexual assault or sexual harassment;
• Take prompt and effective steps to eliminate a hostile environment, prevent its reoccurrence and address its effects; and
• Ensure that the individuals designated to coordinate Title IX efforts receive adequate training and coordinate these efforts effectively.

The Justice Department said it will continue to work with the university to implement the necessary changes, and said UNM was fully cooperative with its investigation.

“Our findings reveal how a flawed system for responding to sexual assault fails all those involved – from victims seeking adequate protection, to accused students demanding fair hearings, to faculty looking for clear instruction,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the department’s Civil Rights Division, in a news release.

The Associated Press reported earlier this month that the number of sexual assault and harassment reports at UNM tripled between 2014 and 2015, though the university attributed the rise to better education and reporting awareness. Staff members have been trained over the past year on how to deal with such reports.

“UNM is not alone in trying to deal with one of the most difficult problems on today’s college campuses,” President Robert G. Frank said in a press release from the university after the report was announced. “While we respect the efforts of the DOJ, we believe its report is an inaccurate and incomplete picture of our university. It is a brief snapshot in time that came on the heels of a high profile and widely publicized accusation of a sexual assault involving UNM students. Even so, we receive it in a spirit of cooperation and pledge to continue our campus wide improvements to combat this complex issue.”

“The DOJ’s findings are deeply troubling, and they highlight the complexity of these issues,” said New Mexico Attorney General Balderas. “We have to do a better job of protecting our students’ civil rights and providing them with safe environments conducive to learning. This trend is unacceptable, and I am committed to working with all stakeholders to help address these issues.”