University of Virginia Resolution Agreement

OCR Docket No. 11-11-6001

INTRODUCTION

The University of Virginia (University) expresses its support for the mission of the United States 

Department of Education, Office for Civil Rights (OCR), and its commitment to embracing its

responsibilities under Title IX.

This Resolution Agreement (Agreement) does not constitute an admission by the University of

any findings made by OCR. This Agreement does not preclude the University’s right to contest 

the legal or factual basis of the findings through all legal or administrative proceedings. The 

Agreement demonstrates the University’s continued commitment to fulfill the terms of the 

Agreement as set forth herein. 

RESOLUTION AGREEMENT

The University enters into this Agreement with OCR and commits to take the actions detailed 

below pursuant to Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. § 1681 et 

seq., and its implementing regulation, 34 C.F.R. Part 106. This Agreement has been entered into

voluntarily by OCR and the University and does not constitute an admission by the University as 

to any finding reached by OCR. The University affirms its continuing obligation, under Title IX, 

to take immediate and appropriate action to address sexual harassment and sexual violence,

prevent its recurrence, eliminate any hostile environment and remedy its effects on any student, 

employee, third party or the broader University community, as appropriate, in all of its education 

programs and activities. 

Over the course of OCR’s review, the University has taken steps to address sexual 

discrimination, including sexual harassment and sexual violence. Most significantly, during the 

2014-2015 academic year, following a period of public comment and extensive community 

engagement, the University substantially revised its procedures for investigating and resolving 

reports of sexual harassment and violence against students, employees and third parties.

1

 OCR

finds that, as written, the University’s current policy and procedures comply with the 

requirement of Title IX that grievance procedures provide for prompt and equitable resolution of 

complaints. The University has also, among other efforts, created and filled a dedicated Title IX 

Coordinator position; expanded investigative capacity in the Office of Equal Opportunity 

Programs; created and filled a Prevention Coordinator position in the Office of the Dean of 

Students to develop, evaluate, implement and assess evidence-based prevention strategies that 

seek to reduce sexual assault, gender-based violence and high-risk activities in student 

organizations; reviewed and enhanced training and prevention programs for students and 

employees, including alcohol education programming and other student outreach efforts; secured 

funding to hire additional mental health counselors; and developed a Title IX website to provide 

 

1 The University adopted the revised policy and procedures on an interim basis on March 30, 2015, and adopted 

final versions on July 1, 2015.
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a central resource for Title IX resources and educational materials. The University also formed 

the President’s Ad Hoc Group on University Climate and Culture to explore policies, practices, 

and organizational structure to support the goal of ensuring the safety and well-being of students

through developing strategies to prevent sexual violence, respond appropriately to incidents of 

sexual violence when they occur, and to improve campus climate concerning issues of sexual 

harassment and sexual violence; developed and launched awareness and marketing campaigns 

(Not on Our Grounds and #HOOSGotYourBack); and implemented bystander education 

programming. In addition, in February 2014, the University hosted a national conference, 

“Dialogue at UVA, Sexual Misconduct Among College Students,” which brought together 

national experts and professionals from approximately 60 colleges and universities to discuss 

best practices and strategies for prevention and response. These steps, together with the newly 

revised policy and procedures and the University’s commitment to implement the Agreement

described below, demonstrate the University’s commitment to embrace its Title IX 

responsibilities and promote a safe living, learning and working environment.

In addition, in December 2014, the University obtained the services of a third-party consultant

with an appropriate level of expertise to support University employees in providing traumainformed and compliant Title IX policies and procedures (the “Equity Consultant”). As part of 

this Agreement, the Equity Consultant will continue to assist the University in fulfilling the 

terms of this Agreement as outlined below. 

I. EQUITY CONSULTANT

The University has retained an Equity Consultant with expertise in all areas of compliance with 

Title IX, who will work with designated University employees with expertise in Title IX and the 

prevention of sexual harassment and sexual violence on college campuses and training in higher 

education. The Equity Consultant will: 

A. Develop and provide the mandatory sexual harassment and sexual violence training required 

by Sections VI and VII below; 

B. Assist the University in conducting periodic climate assessments, as required by Section IX 

below; and, 

C. Make recommendations to the University regarding its sexual harassment and sexual 

violence policies, procedures, and practices based on the surveys. 

II. POLICIES AND PROCEDURES

A. On July 1, 2015, the University approved and disseminated the Policy on Sexual and GenderBased Harassment and Other Forms of Interpersonal Violence, including separate procedures 

for investigating and resolving reports2of prohibited conduct by students and employees and 

 

2

“Report(s)” as used herein includes formal complaints, informal complaints/contacts as well as incidents about 

which the University should reasonably have known.
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accompanying Resource Guides for Students and Employees (“Policy and Procedures”). 

OCR reviewed the Policy and Procedures and determined that they are compliant with Title 

IX requirements, which include:

1. accurate definitions of various types of conduct of a sexual nature, including sexual 

harassment and sexual violence, that may provide the basis for a report pursuant to 

the University’s procedures;

2. procedures for adequate, reliable, prompt, and impartial investigation, hearing, and 

any appeal (if provided) of all reports, which 

a. specify time frames for each major stage of the procedure; 

b. include the equal opportunity for the parties to access, review, and present 

witnesses and other evidence; and

c. emphasize the University’s independent obligation to identify witnesses, seek 

evidence, and ask questions of the parties and witnesses when resolving reports 

of sex-based harassment. 

3. notice to all members of the University community of the grievance procedures that 

apply to different types of reports of sex discrimination, harassment or violence by 

employees, students, or third parties;

4. a statement that responsible employees must promptly report sexual harassment and 

sexual violence that they observe or learn about;

5. the name or title, office address, e-mail address, and telephone number of the 

individual(s) with whom to file a report and for those responsible for procedures, 

taking appropriate interim measures, seeking disciplinary action against the 

respondent (where appropriate), and handling appeals;

6. no actual bias or conflict of interest for individuals with responsibility to respond to 

or address sexual harassment and sexual violence reports;

7. a statement that, should a complainant request that her or his name not be revealed to 

the respondent or that the University not investigate or seek action against the 

respondent, the University will determine whether or not it can honor such a request 

while still providing a safe and nondiscriminatory environment for all students, 

including the student who reported the sexual harassment or sexual violence;

8. provisions for alternative actions, which may include investigation, designed to 

eliminate sexual harassment or sexual violence that is reported to the University, or 

about which the University should reasonably have known, prevent its recurrence or 
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address its effects when a complainant does not choose to proceed with the complaint 

process;

9. routinely available alternative arrangements for complainants who do not want to be 

present in the same room as the respondent during any proceedings;

10. an assurance that the University will take immediate and appropriate action to address 

sexual harassment and sexual violence; prevent its recurrence; eliminate any hostile 

environment; and remedy its effects on the complainant and others, as appropriate, 

including:

a. the range of reasonably available interim measures;

b. a list of the potential disciplinary sanctions; and,

c. examples of the types of final remedies available and the steps the University may 

take beyond individual remedies to address a hostile environment; and

11. an explicit prohibition against retaliation that clarifies that reports of retaliation will 

be investigated by the University under the same processes and standards outlined in 

the procedures.

B. Consistent with the Reporting Requirement, below in this section, if the University makes 

further revisions to the Policy and Procedures during the pendency of the monitoring of this 

Agreement, the University will provide proposed revisions to OCR in advance of 

implementation for OCR’s review and approval.

3

The University will ensure that its policies 

and procedures continue to provide an easily accessible and user-friendly system for the 

prompt and equitable resolution of reports alleging sexual harassment and sexual violence, 

use consistently defined terms and reporting options, and continue to meet the requirements 

identified in paragraph (A). 

REPORTING REQUIREMENT

1. The University will provide to OCR, prior to implementation of any future revision of the 

Policy and Procedure and/or other documents related to sex discrimination, a copy of the 

revised documents for review and approval. Within thirty (30) calendar days of receipt 

of OCR’s approval, the University will publish the revised documents on-line and will 

implement the revised documents. Final publication of the revised policy and/or 

procedure will be issued within sixty (60) calendar days of receipt of OCR’s approval. 

Any proposed revisions must comply with the requirements of Title IX, as identified 

above in paragraph II. A.

 

3

“Review and approval” as used throughout this Agreement means that if OCR determines that the University must 

take any corrective action(s) with respect to the documentation, material, or information that the University is 

required to submit, OCR will provide the University with notice of the corrective action and an opportunity to 

discuss the scope of the action. Unless otherwise specified in this Agreement, the University will take the required 

corrective action within thirty (30) calendar days of OCR’s notification to the University.
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III. NONDISCRIMINATION STATEMENT

The University has revised the notice of nondiscrimination published at 

http://www.virginia.edu/eop/pdfs/NonDiscriminationandEqualOpportunity.pdf as of May 14, 

2015 to include the e-mail addresses of the Title IX Coordinator and any Deputy Title IX 

Coordinators and will widely publish the revised notice, by including it in a variety of 

publications, other locations on its website, the student handbook, course registration materials, 

pamphlets, and other electronic and printed publications that provide information to employees 

and students about University services and policies. 

REPORTING REQUIREMENT

By November 1, 2015, the University will provide OCR with documentation of the University’s 

wide dissemination of its notice of nondiscrimination, including copies of any printed 

publications and web links to any electronic publications containing the notice.

IV. TITLE IX COORDINATOR – Responsibilities and Training Requirements

The University has reviewed and revised the current responsibilities of its Title IX Coordinator 

and Deputy Coordinators (collectively, Title IX Coordinators) to determine and ensure that their 

responsibilities are consistent with Title IX. Based on the Title IX Coordinators’ responsibilities, 

the University will develop a description of corresponding mandatory training requirements for 

its Title IX Coordinators. The responsibilities and training requirements will continue to include 

the following: 

1. The Title IX Coordinators will have expert knowledge of the University’s Title IX 

grievance procedure(s) and oversee all Title IX reports received by the Title IX 

Coordinators and all other departments, offices, and individuals identified as responsible 

employees or delegated the responsibility for receiving and/or investigating reports of sex 

discrimination, including sexual harassment and sexual violence, and will address any 

patterns or systematic problems that arise during the review of such reports and assess 

overall efficacy of coordination and overall response by the University to sexual 

harassment and sexual violence, including the implementation and efficacy of interim 

measures, steps taken to stop sex discrimination/harassment found to have occurred and 

prevent its recurrence, eliminate any hostile environment that has been created for 

students, and steps taken to remedy any discriminatory effects on the complainant and 

others, as appropriate.

2. The Title IX Coordinator will retain ultimate oversight responsibility for any 

Deputy Coordinators the University designates to assist the Title IX Coordinator. The 

University also will develop specific statements of roles and responsibilities for each 

Deputy Coordinator that clearly delineate the scope of each Deputy Coordinator’s duties 

and their subordinate roles to the Title IX Coordinator.
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3. The Title IX Coordinators will have ultimate responsibility for: the prompt 

investigation of reports alleging sexual harassment and sexual violence; adjudication of 

whether sexual harassment or sexual violence has occurred in individual cases; the 

identification of remedies (including interim measures) necessary to address sexual 

harassment or sexual violence, eliminate any hostile environment, and prevent its 

recurrence; and consultation, as necessary, on any matter where it has been determined 

that sexual harassment or sexual violence has occurred to ensure the University’s 

compliance with Title IX. To the extent that any of these duties will be delegated to other 

individuals at the University, the statement will clearly state what will be delegated to 

whom and how the Title IX Coordinators will retain oversight of any delegated 

responsibilities.

4. The Title IX Coordinators will oversee the provision of initial and ongoing 

training to any Deputy Coordinators and any other individuals from any University 

department or office delegated the responsibility for receiving and/or investigating 

reports of sex discrimination, including sexual harassment and sexual violence. The Title 

IX Coordinator will also have sufficient experience or training in these same concepts. 

The training content will include the substantive requirements of Title IX and how to 

investigate reports under Title IX that allege sex discrimination, including sexual 

harassment and sexual violence.

5. The Title IX Coordinators will have responsibility for the development, 

coordination, and implementation of regular events hosted by or supported by the 

University leadership on grounds to raise awareness in the University community about 

all forms of sex discrimination (including sexual harassment and sexual violence) and the 

University’s policies and procedures regarding such matters, so as to reinforce to the 

University community the importance of this issue to the University administration.

6. The Title IX Coordinators will be responsible for providing information to 

students and employees regarding their Title IX rights and responsibilities, including 

information about the resources available on and off University property, the formal and 

informal resolution processes, the availability of interim measures, and the ability to file a 

complaint with local law enforcement and the University simultaneously.

7. The Title IX Coordinators will be responsible for the development, coordination, 

and implementation of periodic Title IX training for the University community (i.e., staff, 

faculty, resident assistants, coaches, students, etc.).

8. The Title IX Coordinators will be responsible for periodic review and assessment 

of the University’s Title IX procedures, and any related policies and procedures, to 

ensure that they are consolidated to the maximum extent possible to provide an efficient 

resource for students, faculty, and staff.
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9. Neither the Title IX Coordinator nor any Deputy Coordinators shall have other 

job responsibilities that create a conflict of interest with regard to their duties and 

responsibilities under Title IX. 

10. The Title IX Coordinators will be responsible for coordinating communications

with the Charlottesville Police Department and the Albemarle County Police Department 

regarding the University’s obligations under Title IX and for serving as a resource on 

Title IX issues. 

11. The Title IX Coordinators will be responsible for coordinating the development 

and implementation of periodic assessments (i.e. surveys) of campus climate with regard 

to sexual harassment and sexual violence.

12. The Title IX Coordinators will coordinate with appropriate administrators, student 

services personnel, and law enforcement officers to identify and address any patterns or 

systemic problems under Title IX and to assess the overall efficacy of the coordination 

among these various offices.

13. The Title IX Coordinators will annually review all reports of discrimination on 

the basis of sex, including sexual harassment and sexual violence, in order to identify and 

address any patterns or systemic problems (such as how many reports involved particular 

groups of students (e.g., first-year students, athletes, graduate students, members of 

student organizations); whether any individuals or organizations engaged in repeated

misconduct; whether there are any patterns of barriers to reporting for any group of 

students; and/or if reports were not processed promptly and equitably in compliance with 

the applicable policies and procedures).

REPORTING REQUIREMENTS

1. By November 1, 2015, the University will provide OCR a copy of the Title IX 

Coordinators’ responsibilities and corresponding training requirements, for OCR review 

and approval.

2. By July 31, 2016, and annually thereafter until OCR closes the monitoring of this 

Agreement, the University will provide to OCR, for review and approval, documentation 

demonstrating it has completed a periodic review as required above. The documentation 

to OCR will include information about any identified trends or patterns or systemic 

problems, and will provide documentation of any actions taken by the University in 

response to the identified concerns. 

V. TRAINING OF REVIEW PANEL MEMBERS

A. All Review Panel Members appointed pursuant to the Policy and Procedure must receive 

training before they can participate in the review of a case.
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B. By November 1, 2015, the University, in consultation with the Equity Consultant, will 

develop and provide training on sexual harassment and sexual violence to all individuals 

who serve on a Review Panel. This training will be provided annually in person and shall 

include:

1. the University’s revised policies and grievance procedures for sexual harassment and 

sexual violence;

2. sex discrimination and the University’s responsibilities under Title IX to address 

allegations of sexual harassment and sexual violence in a prompt and equitable

manner;

3. the University’s definition of sexual harassment, sexual violence, and consent and 

how to apply these definitions to the evidence presented by both parties; and

4. the potential impact of trauma on the behavior of victims of sexual harassment or 

sexual violence, including how it may impact participation in the investigative 

process and the hearing by the Review Panel.

REPORTING REQUIREMENTS

1. The University will provide OCR, for review and approval, the training materials and any 

agendas to be used in the trainings conducted pursuant to this section by November 1, 2015. 

The University will also provide information, for review and approval, describing the 

expertise and experience with regard to sexual harassment and sexual violence of the person 

or persons conducting the training pursuant to Section V. 

2. By December 15, 2015, and annually thereafter until such time as OCR closes the monitoring 

of this Agreement, the University will certify to OCR that the individuals who are required to 

receive training in order to serve as Review Panel Members have received the training.

VI. TRAINING OF EMPLOYEES AND STUDENTS

A. By November 1, 2015, the University, in consultation with the Equity Consultant, will 

develop training on sexual harassment and sexual violence, and the Equity Consultant will 

provide the training to the Title IX Coordinators, investigators, and any other University 

employees who will be directly involved in processing, investigating, and/or resolving 

reports of sexual harassment and sexual violence, including individuals to whom these 

responsibilities have been delegated, or who will otherwise assist in the coordination of the 

University’s compliance with Title IX. This training will be in person and cover:

1. the Policy and Procedure and any related policies and grievance procedures for sexual 

harassment and sexual violence;
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2. sex discrimination and the University’s responsibilities under Title IX to address 

allegations of sexual harassment and sexual violence in a prompt and equitable manner;

3. how to conduct and document adequate, prompt, reliable, and impartial Title IX

investigations, including the appropriate substantive and procedural standards to apply in 

a Title IX investigation and how they differ from those in a criminal investigation;

4. how to notify complainants of the right to file or decline to file a criminal complaint and 

how to provide assistance on filing one where a complainant chooses to do so; 

5. how to coordinate and cooperate with law enforcement during parallel criminal and Title 

IX proceedings;

6. the link between alcohol and other drug use and sexual harassment and sexual violence 

and best practices to address this link in the investigative process, including, but not 

limited to:

a. how to address the challenges of investigating incidents involving alcohol or drug 

use; and

b. how to encourage victims and witnesses of sexual harassment and sexual violence 

to cooperate with investigations if they have concerns about possible disciplinary 

implications of their own alcohol and drug use;

7. The training will include a written assessment requiring participants to demonstrate that 

they understand the material in the sexual harassment and sexual violence training.

B. By November 1, 2015 the University will provide sexual harassment and sexual violence

training to University employees who are likely to be the first to receive disclosures or 

reports of sexual harassment and sexual violence, such as Student Affairs staff (including 

residence life staff, Student Health, and CAPS employees), University Police, athletics staff, 

and designated faculty members. The University will also provide sexual harassment and 

sexual violence training to all Resident Assistants (RAs) and members of student advocacy 

groups related to sexual and gender-based harassment and sexual violence, such as SAFE, 

SAPA, and One in Four. Where practicable, the training will be in person and provide 

attendees with essential guidance and instruction on recognizing and appropriately 

responding to reports of sexual harassment and sexual violence. The training also will 

instruct attendees on:

1. how to make a report under the University’s Policy and Procedure and a step-by-step 

overview of what happens from the time the report is made through the end of a Review 

Panel, including the role of different individuals in the process;

2. clear examples of what types of actions may constitute sexual harassment or sexual 

violence in the University’s programs or activities, including but not limited to what type 
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of behavior may provide the basis for a report pursuant to the University’s Policy and 

Procedure; 

3. how the Title IX process differs from the criminal process, how to notify complainants of 

the right to file or decline to file a criminal complaint, and how to file a criminal 

complaint if they choose to do so; 

4. how to contact the Title IX Coordinator and /or appropriate deputy Title IX Coordinators; 

and 

5. how to provide students with this information verbally and through the resource guide 

referenced in Section VIII below (i.e., in hard copy and/or electronic form) whenever 

attendees respond to such reports.

C. By November 1, 2015, the University will provide sexual harassment and sexual violence 

training to all individuals designated as responsible employees, including, among others, all 

faculty and administrators, campus police, and coaches. The training will be designed to 

provide an understanding of the University’s responsibilities under Title IX to address 

allegations of sexual harassment and sexual violence whether or not the actions are 

potentially criminal in nature. In addition, the training will cover the University’s Policy and 

Procedure, and informing complainants of their right to file sexual harassment and sexual 

violence reports with the University, and criminal complaints with law enforcement, and how 

to do so. The training also will cover the University reporting requirement in Section VII

below for reports of sexual harassment and sexual violence, and the University’s policies and 

practices regarding the confidentiality of such reports. The training will provide clear 

examples of what types of actions may constitute sexual harassment and sexual violence in 

the University’s programs or activities, including but not limited to what may provide the 

basis for a report pursuant to the University’s Policy and Procedure. As part of the training, 

the University will include a written assessment requiring participants to demonstrate that 

they understand the material in the sexual harassment and sexual violence training.

D. Beginning with the 2015-2016 academic year, the University will take reasonable steps to 

ensure that all Employees new to the University complete the training required of them 

pursuant to A-C above within three months of their employment start date.

E. By November 1, 2015, the University will update its program to provide regular mandatory 

training to all students, including graduate and professional students, to ensure that it covers 

the University’s revised policies and procedures. The training also will: 1) make students 

aware of the University’s prohibition against sexual harassment, sexual violence, and 

retaliation; 2) educate students on how to recognize such forms of sex discrimination when 

they occur; 3) inform students regarding how and to whom any incidents of sexual 

harassment, sexual violence, and retaliation should be reported; and 4) provide a general 

overview of Title IX, the rights this law confers on students, the resources available to 

students who have experienced sexual harassment, sexual violence and retaliation, and the 

role and authority of OCR to enforce Title IX. These sessions should be interactive, 
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presented in lay terms familiar to University students, and illustrated with examples relevant 

to student life at the University, and should provide in-person opportunities throughout the 

academic year for students to engage in small group discussion about the information 

presented. The Title IX Coordinators shall obtain input from the Student Committee, 

outlined below, regarding the content and manner of delivering the training to maximize the 

training’s effectiveness for students.

1. These sessions will emphasize:

a. issues around consent in sexual interactions; 

b. the criminal, academic, housing, athletic, and student-record-related consequences 

related to committing sexual harassment, sexual violence and retaliation; 

c. the role of alcohol and other drug use in incidents of sexual harassment and sexual 

violence, including how such use does not excuse the perpetrator’s conduct and how 

such use relates to consent; 

d. clear examples of what types of actions may constitute sex discrimination in the 

University’s programs or activities, including but not limited to different types of 

sexual harassment and sexual violence, and what may provide the basis for a report

pursuant to the University’s grievance and other procedures; 

e. how bystanders can help; and

f. the types of remedies available.

2. The in-person opportunities to discuss the above content may be presented by student 

members of SAFE, SAPA, One in Four, or other student advocates against sexual

harassment and sexual violence who have been trained by the Equity Consultant using a 

“train the trainer” model.

3. During the course of this Agreement, training will be provided through online and/or inperson platforms. Each student will be required to complete training at the earliest 

opportunity (e.g., new student orientation or class registration), and to renew such 

training every two years. The University will develop a system for recording the name or 

identifier of each student and the date and session of the training in which each 

participated. 

4. At a minimum, the in-person sessions will be provided as part of the annual student 

orientation for new students (including graduate students, and visiting and international 

students), the registration process for returning students, and annual residence life 

orientation for students residing in campus housing.

REPORTING REQUIREMENTS

1. The University will provide OCR, for review and approval, the training materials and any 

agendas to be used in the trainings conducted pursuant to Section A by July 31, 2016, and 

Sections B, C and D by July 31, 2016. The University will also provide OCR, for review and 

approval, information describing the expertise and experience with regard to Title IX of the 
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person or persons conducting the training pursuant to Sections VI.B, VI.C, and VI.D of this 

Agreement.

By December 15, 2015, and annually thereafter until such time as OCR closes the monitoring 

of this Agreement, the University will certify to OCR that the individuals who are required to 

receive the training required by Sections A, B, C and D have done so. 

VII. TRACKING OF REPORTS OF SEXUAL HARASSMENT AND SEXUAL 

VIOLENCE

By November 1, 2015 , the University will develop a system for tracking and reviewing all 

reports, investigations, interim measures, and resolutions of student and employee conduct that 

may constitute sexual harassment or sexual violence to ensure that such reports are adequately, 

reliably, promptly, and impartially investigated and resolved. The University may continue the 

system that is currently in place if it has the capacity to meet the requirements listed in Section 

VII.B-C below. The system will require, at minimum, that:

A. all employees designated as responsible employees will notify the Title IX Coordinator or 

designee within 24 hours of receiving information about possible sexual harassment or sexual 

violence against students, regardless of whether the student involved requests information 

about the complaint procedures, for the purpose of ensuring that individuals subject to 

discrimination are consistently and promptly receiving necessary services and information; 

B. the Title IX Coordinator or designee will enter into an electronic, confidential database or 

spreadsheet at least the following fields of information, unless that information is not known 

and cannot be discovered through the exercise of reasonable diligence: the date and nature of 

the report (e.g., direct, bystander, responsible employee or anonymous report); the name of 

the complainant; the name of the person(s) who received the report or made the report; the 

name(s) of the respondent; the name(s) of the person(s) assigned to investigate the report, 

take any interim measures, and bring disciplinary charges (where relevant); the interim 

measures offered and/or taken, if any; the date of the findings; the date of any Review Panel; 

and a summary of the findings at the Evaluation Panel, investigative, and Review Panel 

stages, including any actions proposed and/or taken on behalf of the complainant and any 

disciplinary or other actions taken against the respondent; and

C. the Title IX Coordinator will maintain records of all reports, investigations, findings, the 

basis for those findings, and appeals, including, but not limited to: the circumstances of the 

report; the names of the complainant (if available), the respondent, and witnesses; any 

statements or other evidence submitted or collected; interview notes; correspondence relating 

to the investigation; actions taken on behalf of the complainant, if any, including any interim 

remedial measures; actions taken against the respondent, if any, including any interim 

protective measures (e.g., temporary removal from University housing); records of any 

discipline or proposed discipline, if any; records of findings communicated to the parties; and 

records of any appeals.
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REPORTING REQUIREMENT

By December 15, 2015, and annually thereafter until OCR closes the monitoring of this 

Agreement, the University will provide to OCR for review and approval documentation 

demonstrating implementation of this Section, including a copy of the electronic database or 

spreadsheet of all the data required by Section VII.B above.

If OCR determines that the University must take any corrective action(s), OCR will provide the 

University with notice of the corrective action and an opportunity to discuss the scope of the 

action. The University will take the required action within thirty (30) calendar days of receipt of 

OCR’s determination.

VIII. RESOURCE GUIDES

On July 1, 2015, the University released Resource and Reporting Guides for Students and 

Employee (Resource Guides) in conjunction with the Policy on Sexual and Gender-Based 

Harassment and Other Forms of Interpersonal Violence. The Resource Guides must be revised 

to include the following: 

A. a list of examples, or direct hyperlink to examples provided elsewhere on the University’s 

website, of conduct that constitutes sexual harassment; 

B. a direct hyperlink to the University webpage “Sexual Violence Education and Resources” for 

examples of what types of actions may constitute sexual violence; 

C. a direct hyperlink to the University webpage “Sexual Violence Education and Resources” for 

explanations of the criminal and non-criminal consequences that flow from reports directed 

to particular entities.

REPORTING REQUIREMENTS

1. By November 1, 2015, the University will provide OCR, for review and approval, the revised

Resource Guides. 

2. Within thirty (30) calendar days of OCR approving the guides, the University will provide 

OCR with documentation that it has published the Resource Guides electronically, including 

a link to where the guides are posted on the University’s website. Within sixty (60) calendar 

days of OCR’s approval of the Resource Guides, the University will provide OCR 

documentation that it has published the guides in hard copy, including information about the 

locations and personnel on campus who have the guides available to students, including but 

not limited to all first responders who are required to offer the Resource Guides to all persons 

raising allegations of sex-based discrimination and to offer to send them the link to the 

Resource Guides by email or text message. 
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IX. EDUCATIONAL CLIMATE

A. The University will consult with the Equity Consultant to identify and administer one or

more annual climate assessments for all students undergraduate and graduate to: 1) assess 

students’ attitudes and knowledge regarding sexual harassment, sexual violence, and 

retaliation; 2) gather information regarding students’ experience with sexual harassment

and sexual violence while attending the University; 3) determine whether students know 

when and how to report such prohibited conduct; 4) gauge students’ comfort with 

reporting such prohibited conduct; 5) identify potential barriers to reporting; 6) assess 

students’ familiarity with the University’s outreach, education, and prevention efforts to 

identify which strategies are effective; and 7) solicit student input on how the University 

can encourage reporting of sexual harassment, sexual violence, and retaliation, and better 

respond to such reports. A climate assessment can be conducted in many ways, including 

but not limited to, a survey distributed in-person or online, or a poll conducted in-person 

or online. In addition, the University may organize open forum information sessions for

students and employees, designate publicized walk-in hours for campus community input

or provide an online forum for community feedback. 

1. By May 1, 2016, the University will conduct student focus groups or other means 

of gathering undergraduate and graduate student input regarding the topics in Section

IX.A that will be the subject of the annual climate assessments. The University will use 

the focus group data, recommendations from the Equity Consultant, and other student 

input to inform its identification of appropriate climate assessments and the training 

required under this Agreement. 

2. Among the tools used to assess climate, the University will include at least one 

forum or option that allows students to participate anonymously.

3. The University will analyze the results of any climate assessments within ninety 

(90) calendar days of the date of the completion of the assessment each year. The analysis 

will include recommendations for responding to climate issues identified in the 

assessments.

4. Based on a review of each climate assessment’s results and the recommendations 

of the Equity Consultant, the University will work together in good faith with the Equity 

Consultant to agree on appropriate and responsive actions to be taken by the University.

B. By July 31, 2016, the University will develop a program to assess the effectiveness of its 

efforts to prevent and address sexual harassment, sexual violence and retaliation and to 

promote a non-discriminatory institutional climate. At the conclusion of each academic

year, the University will conduct an assessment of the effectiveness of its anti-harassment 

efforts and submit the assessment to OCR. Each such assessment will include:
- 15- UVA Agreement

1. A review of student climate assessments (see Section IX.A) to determine: where 

and when sexual harassment and sexual violence occur; deficits in students’ knowledge 

of what sexual harassment or sexual violence are, where to report it, and the likely 

trajectories of reporting to a confidential resource versus a responsible employee (e.g., 

the police, University Police, a Title IX Coordinator, the Women’s Center, CAPS, and a 

faculty member); potential barriers to reporting sexual harassment and sexual violence; 

and recommendations for how the University can encourage reporting of, and 

improvement to, its response to reports; 

2. A review of all reports of sexual harassment and sexual violence and the 

University’s responses to such reports, particularly with respect to: 

a. whether such reports were adequately, reliably, promptly, and impartially 

investigated, adjudicated and resolved; 

b. how many findings of responsibility were made and how many such findings 

resulted in disciplinary action;

c. the University’s actions to address the effects of any sexual harassment, sexual 

violence and retaliation that occurred (i.e., tracking individual and community 

remedies); 

d. how many involved identifiable groups of students; and

e. whether any individuals engaged in repeat misconduct; and if so, the University’s 

actions to prevent the repeated misconduct of the individual and remedy its effects;

3. Evaluation and analysis of the data collected, including an assessment of any 

changes in the number or severity of reported incidents of sexual harassment and sexual 

violence, particularly among identifiable groups of students; and

4. Any other proposed recommendations for improvement of the University’s antiharassment program and timelines for the implementation of the recommendations.

C. By November 1, 2015, the University will create a Student Campus Climate Committee 

(Student Committee) comprised of diverse and representative student members from the 

University community.

REPORTING REQUIREMENTS

Climate Assessment

1. By December 15, 2015, the University will provide for OCR’s review and approval a 

detailed plan regarding conducting focus groups as described above, including a list of topics

it proposes to address with the focus groups. Within forty-five (45) calendar days of receipt 

of OCR’s comments, the University will revise its plan in response to those comments.
- 16- UVA Agreement

2. By December 15, 2015, the University will provide, for OCR’s review and approval, a copy 

of any climate assessment it proposes to administer to the extent permissible based on terms 

of survey administrator requirements. Within forty-five (45) calendar days of receipt of 

OCR’s comments, the University will revise the climate assessment in response to those 

comments.

3. By July 31, 2016, and annually thereafter until such time as OCR closes the monitoring of 

this Agreement, the University will provide OCR with a report documenting that the annual 

climate assessment and focus groups have been conducted, and including the cumulative 

results of the assessments, the University’s and/or Equity Consultant’s analysis of the results, 

and proposed actions based on that analysis and the assessment information.

Student Campus Climate Committee

4. By May 1, 2016, and annually thereafter, the Student Committee will identify and 

recommend strategies for the prevention of incidents of sexual harassment and sexual 

violence, including outreach and educational activities to ensure that students understand 

their rights under Title IX, how to report possible violations of Title IX, and the University’s 

obligation to promptly and equitably respond to Title IX reports. The Student Committee’s 

recommendations will be presented to the President of the University and shared with the 

Equity Consultant and Title IX Coordinator.

5. By November 1, 2015, the University will send OCR a list of the current membership of the 

Student Committee.

6. By July 31, 2016, and annually thereafter until OCR closes the monitoring of this 

Agreement, the University will provide a report detailing the strategies identified and 

recommended by the Student Committee. 

7. By July 31, 2016, and annually thereafter until such time as OCR closes the monitoring of 

this Agreement, the University will provide OCR documentation that it has published the 

Student Committee’s complete report.

8. By November 1, 2016, and annually thereafter until such time as OCR closes the monitoring 

of this Agreement, the University will inform OCR concerning which Student Committee 

recommendation(s) were adopted and which recommendation(s) were not adopted as well as 

the reasons for any recommendation(s) that were not adopted. 

Monitoring Program

9. By July 31, 2016, July 31, 2017, and July 31, 2018, the University will provide for OCR’s 

review and approval a copy of its annual assessment of the effectiveness of its anti-sexual 

harassment efforts, including proposed recommendations for improving the University’s antiharassment program.
- 17- UVA Agreement

X. RELATIONSHIPS WITH STUDENT ORGANIZATIONS

By December 15, 2015, the University will review its agreements with student organizations, 

including fraternities and sororities, to assure that they clearly state that sexual harassment,

sexual violence and retaliation are prohibited by federal law and University policy and that an 

organization’s student members’ failure to comply with the University’s policy related to Title 

IX may result in the University severing all ties with the organization. Such agreements shall 

also state that student organizations shall acknowledge by signing such agreements that the 

University has the authority to investigate reports of sexual harassment, sexual violence and 

retaliation made by University students against members of the student organization, and to 

determine appropriate sanctions, which may include restrictions on the rights of the student 

organizations to use University facilities, access University services and resources, or hold itself 

out as associated with the University.

REPORTING REQUIREMENT

By May 1, 2016, the University will provide OCR with documentation that it has reviewed its 

agreements with student organizations, and provide copies of all revised agreements with student 

organizations.

XI. REVIEW OF REPORTS

A. By December 15, 2015, the University will review all reports heard by the Sexual 

Misconduct Board (SMB) and those resolved informally under the Sexual Misconduct 

Policy during the 2011-2012, 2012-2013, and 2013-2014 academic years to determine

whether the complainant or respondent are still affiliated with the University; whether 

there are circumstances suggesting the existence of a continuing pattern of conduct; 

whether there are any appropriate remedies that may still be available for the 

complainants in these cases, such as counseling or academic adjustments; or whether 

there are investigative steps or broad remedies necessary to identify and address any 

extant concerns about sexual harassment, sexual violence or retaliation. These reviews 

will at a minimum carefully scrutinize issues noted by OCR during the course of this 

review, although the University is not expected to reinvestigate or rehear matters that had 

been finally resolved under University policy.

B. By December 15, 2015, the University will review the “informal contacts” of alleged 

sexual misconduct received during the 2011-2012, 2012-2013 and 2013-2014 academic 

years, to determine: 1) whether there are circumstances suggesting the existence of a 

continuing pattern of conduct and, if so, assess whether any additional investigation or 

broad remedies are necessary to identify and address any extant concerns about sexual 

harassment, sexual violence, or retaliation; 2) whether there is an identifiable 

complainant or a respondent; and 3) in cases where there is an identifiable complainant 

or respondent, whether additional investigation is needed to determine what occurred and 

whether there are any appropriate remedies that may still be available for the 
- 18- UVA Agreement

complainants in these cases, such as counseling or academic adjustments. To the extent 

that the complainant agrees to meet with the University, but does not want personally 

identifying information to be revealed to the respondent, the University will determine 

whether it has an independent obligation to investigate the alleged incident by weighing 

the request for anonymity/no action against risk factors identified in University Policy.

REPORTING REQUIREMENT

1. By December 15, 2015, the University will provide for OCR’s review and approval the 

results of its review as described in Sections XI, A and B of this Agreement, including, 

but not limited to, any actions taken by the University and remedies put in place by the 

University as a result of its review. For the reports in Section XI, A, for the 2012-2013 

and 2013-2014 academic years, the University also will provide OCR with an overview 

document related to the University’s original response to each of the complaints that 

summarizes information related to the investigation of each complaint, any final 

disposition letters, disciplinary records, and any appeals. If OCR determines that the 

University must take any different or further action(s) and/or provide any different or 

further remedies, OCR will provide the University with notice of the corrective action 

and an opportunity to discuss the scope of the action. The University will initiate the 

corrective action(s) within thirty (30) calendar days of receipt of OCR’s determination.

2. Commencing with academic year 2014-2015, the University will annually submit for

OCR’s review and approval copies of all reports that allege sexual harassment and sexual 

violence and documentation related to the investigation of each complaint, such as 

witness interviews, investigator notes, evidence submitted by the parties, investigative 

reports and summaries, documentation regarding interim measures offered and/or 

provided, any final disposition letters, hearing records, disciplinary records, 

documentation regarding any appeals, and documentation regarding additional steps 

taken to stop harassment found to have occurred, prevent its recurrence, and remedy its 

effects on complainants and others, as appropriate. Complaints and related 

documentation for academic year 2014-2015 shall be submitted to OCR by February 1, 

2016. For subsequent academic years, until such time as OCR closes the monitoring of 

this review, the University shall annually submit to OCR for review and approval 

complaints of sexual harassment and sexual violence and related documentation by 

November 1 for the previous academic year. If OCR determines that the University must 

take any corrective action(s), OCR will provide the University with notice of the 

corrective action and an opportunity to discuss the scope of the action. The University 

will take the corrective action within thirty (30) calendar days of receipt of OCR’s 

determination. 

3. For the academic year 2014-2015, the University will submit for OCR’s review and 

approval, copies of all records of informal contacts that pertain to reports or concerns of 

sexual harassment and sexual violence reported to the Title IX Coordinator. The 

University will provide OCR with documentation related to any follow-up or University 

response to each contact. All records of informal contacts for academic year 2014-2015 
- 19- UVA Agreement

shall be submitted to OCR by February 1, 2016. If OCR determines that the University 

must take any corrective action(s), OCR will provide the University with notice of the 

corrective action and an opportunity to discuss the scope of the action. The University 

will take the corrective action within thirty (30) calendar days of receipt of OCR’s 

determination.

XII. MONITORING

The University understands that the monitoring period of the Agreement will extend for three 

years, or until, if later, such time as OCR determines that the University has fulfilled the terms of 

this Agreement and is in compliance with the regulation implementing Title IX, at 34 C.F.R. §§ 

106.8, 106.9 and 106.31. The University also understands that by signing this Agreement, it 

agrees to provide data and other information in a timely manner in accordance with the terms of 

this Agreement. OCR agrees to review data and other information submitted by the University 

and provided feedback, as appropriate, within a reasonable timeframe. Further, the University 

understands that during the monitoring of this Agreement, if necessary, and with reasonable 

notice to the University, OCR may visit the University, interview staff and students, and request 

such additional reports or data as are necessary for OCR to determine whether the University has 

fulfilled the terms of this Agreement and is in compliance with the regulations implementing 

Title IX, at 34 C.F.R. §§106.8, 106.9 and 106.31 that were at issue in this case.

The University understands and acknowledges that OCR may initiate administrative enforcement 

or judicial proceedings to enforce the specific terms and obligations of this Agreement. Before 

initiating administrative enforcement (34 C.F.R. §§ 100.9, 100.10), or judicial proceeding to 

enforce this Agreement, OCR shall give the University written notice of the alleged breach and 

sixty (60) calendar days to cure the alleged breach.

September 17, 2015 ______________/s/______________

Date President

University of Virginia