Westminster College has been cleared of allegations that it failed to protect a student who reported a sexual assault in 2013.
The college has been under investigation by the U.S. Department of Education’s Office for Civil Rights (OCR) since 2014, after a female student filed a complaint in November 2014 alleging the school violated Title IX.
The school announced Tuesday that OCR determined that the college did not discriminate against the woman.
U.S. Department of Education Office for Civil Rights letter to Westminster College by The Salt Lake Tribune on Scribd
Under Title IX, schools have an obligation to swiftly investigate reports of sexual violence. They must also provide services to individuals who report discrimination or violence — including counseling, help with school work or housing changes — if requested.
According to a Sept. 29 letter sent to the Salt Lake City college, federal authorities determined there was “insufficient evidence” showing the college discriminated against the student.
The woman who filed the complaint was a sophomore during the 2013-2014 school year, the letter said, and on Sept. 6, 2013, she met a male classmate at his off-campus apartment to “relax after dealing with a particularly stressful classmate.”
The two students drank alcohol together, according to the letter, and the female student later alleged that the classmate sexually assaulted her that evening.
The woman reported the incident to Salt Lake City police in February 2014, according to the letter, but it said no investigation was initiated and the man was not charged with any crime.
A month later, the female student reported the incident to the school’s Title IX coordinator.
But because the woman had a “work history” with the Title IX coordinator, an outside counsel and investigator was used, according to the letter.
OCR determined that what followed was a “prompt and thorough investigation” of the alleged assault: The college avoided potential bias by retaining an independent investigator. Witnesses were interviewed, and the parties were allowed an equal opportunity to present evidence. A final determination, including an appeal, was reached within 68 days — a reasonable time frame, OCR concluded.
“Additionally, the college took interim steps to avoid further harassment, offered counseling and victim’s advocacy resources,” the letter reads.
The letter notes that the female student believed Westminster did not properly consider evidence concerning her alcohol consumption and ability to consent to sexual contact. But federal investigators found the school “made a good faith effort” to ascertain the two students’ incapacitation.
“Although the college ultimately reached a factual finding that the complainant disagreed with, our investigation established that it appropriately investigated the complaint and considered the complainant’s position, along with the other evidence,” the letter reads.
While Westminster was cleared of wrongdoing in that individual case, federal authorities noted in the letter that, in the 2013-2014 school year, the college’s Title IX policies “did not include all of the elements necessary to conclude that the procedures were prompt and equitable.” But the OCR confirmed that as of April, policies have been changed and no further investigation of systemic concerns was warranted.
Westminster College is one of five Utah universities being evaluated by the Department of Education for potential Title IX violations. The University of Utah, Brigham Young University, Dixie State University and Utah Valley University still have pending reviews. Utah State University is currently being investigated by the U.S. Department of Justice for how it has responded to several reports of sexual assaults between 2013 and 2016.
Westminster officials noted in a Tuesday press release that they are the first Utah college to receive a letter of finding from the OCR regarding a Title IX complaint.
As a result of the federal investigation, the school has changed some of its Title IX policies, according to the news release. First-year students must now complete online Title IX training, new students must complete bystander-awareness training and other sexual violence awareness campaigns have been implemented across the campus.
“Westminster and all colleges throughout the nation can always do more to prevent sexual violence,” Westminster president Stephen Morgan said in a statement. “The safety and security of our students is a top priority, and we will continue to improve our processes and confront incidents of sexual violence head-on.”