Tuesday, May 14, 2013

Review of Georgetown Title IX case referenced in Inside Higher Ed

A May 2013 article in Inside Higher Ed discusses Otterbein University's recent decision to discontinue using a form that required victims, perpetrators, and witnesses to a sexual assault investigation to "not share information." Students perceived the document to be a nondisclosure agreement and questioned why alleged victims were being told not to discuss their cases. Let's Not Talk About It referenced a review of a 2004 OCR investigation at Georgetown University written by Brett A. Sokolow, Esq., President & CEO of The NCHERM Group. The review explicitly identifies these actions as Clery Act violations: The Clery Act mandates that complainants be told of the outcomes of any sanctions of any hearing based on their complaint of sexual assault. No condition, limitation, or confidentiality requirement may interfere with that mandate.

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