Juicy Campus Title IX OCR Investigation Follow-up

Colleagues,

We posted several weeks ago on the OCR investigation of Hofstra University with a promise to update it when we had more information. I made a FOIA request for the letter of findings. Those who are interested may find the letter posted at http://www.ncherm.org/documents/Hofstra02092051.pdf

Here is my initial take on it. What are your thoughts?

Having read the letter now, I can understand the downplaying comments by OCR, as I don't think the interpretation is as expansive as Wendy Murphy or SOC would like, though I think it does establish the requirement that a college at least investigate such a complaint. Thus, failure to do so could result in a Title IX violation. If Hofstra knew the alleged harassee's name, it would have been required to do more by OCR. How much more is the question, given the online nature of the harassment. But, OCR did not wash their hands of the complaint, and that has significance.

What they said may be as significant here as what they did not. On the question of what they did not say, as potentially significant -- OCR did not address first amendment concerns at all, which I find to be an oversight. While Hofstra is private, the forum was public. AND, I'm not as congratulatory on how Hofstra's response is described here. If the mother and daughter approached student affairs, were told they could not be helped by students affairs because the conduct was online, and then pushed the alleged victim off on campus law enforcement, who were unresponsive or unreachable, this is a pattern that occurs too often.

There should be on every campus a "no wrong door" policy on reporting sexual harassment. Shunting a potential victim from disinterested office to disinterested office is what provokes this kind of complaint to OCR in the first place. And I find it disingenuous that campus police is a more appropriate department to report harassment than student affairs, which has jurisdiction over conduct code violations.

It is convenient that no one had the alleged victim's name after a face-to-face meeting between student affairs officials, the mother and daughter, but that seems sloppy to me. It also seems sloppy that OCR could approve of trying to avoid actual notice.

Could we improve on how Hofstra responded? An intake form? An offer, "let me help you contact campus police...". "Let me get your contact information." "Are the harassers students?"

Any of that follow-up would have seemed less deliberately indifferent to a situation that was important enough that daughter and mom both showed up looking for help.

Brett A. Sokolow, Esq.