W. Scott Lewis clarifies OCR position in The Atlantic

A recent The Atlantic article (Which Matters More: Reporting Assault or Respecting a Victim's Wishes?) critiques Columbia's "conservative reading of Title IX" and the policy implications that order faculty and staff to report cases of sexual harassment even when the student has pleaded for secrecy. The NCHERM Group Partner W. Scott Lewis clarifies OCR's intended position on mandatory reporting: "the Office of Civil Rights wanted deans, directors, assistant directors, VPs, and provosts to be the 'responsible employees' who must report sexual harassment. These are the people who can do suspensions or no-contact orders, move people from residence halls, or find other solutions to a sexual harassment problem."

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.