The Office of Civil Rights is currently carrying out two separate investigations of Whitman College, one that began this November in response to alleged violations of Title IX and failure to uphold Whitman’s own policies on sexual assault, and another that began last spring for sexual harassment and intimidation involving the college’s debate team.
In the past two years, at least six claims against Whitman have been brought before the Office of Civil Rights. While the OCR has opened investigations for two of them, four were dismissed due to various causes. Only 22 percent of complaints brought before the OCR nationwide result in investigations being opened, and the OCR can take years to reach a final verdict.
“Two week ago we hosted a senior attorney from the Office of Civil Rights for a conference we held on campus … and he talked about cases that were as old as 800 days in their case file, so there’s a backlog on their end. We’ve submitted all our materials for both the cases and have yet to hear anything back,” said Associate Dean of Students and Title IX Coordinator Juli Dunn.
While the OCR refuses to investigate cases where complaints refer to events which happened more than 180 days before the claim was made, its own process takes a significant amount of time. Natalie*, a survivor of sexual assault who previously discussed the alleged mismanagement of her sexual assault investigation with The Pioneer, filed a complaint with the OCR the day she received word that the college dismissed her reported rape. The OCR took 180 days after she filed the complaint to agree to open an investigation, the longest delay possible under their guidelines.
“By the time these investigations get going and by the time they get done, so many people have left the school who could provide evidence … that the school really did mess up,” said Natalie.
According to Dunn, the college has complied with the OCR’s requests for information. Among the materials shared by the college are Title IX training materials, policies and procedures, and the entire investigative file for the incident in question.
“This isn’t something the college is shying away from; this is a process that … is essentially an external review of our policies and procedures. Are we doing what we said we would do, and are we doing it well? While it ends up being a little bit of extra work in a time when we’re really busy, I see it as an opportunity to reflect on what we’re doing and to ensure that we are doing right by our students, our faculty and our staff,” said Chief Communications Officer Michelle Ma.
However, little trust remains between survivors who have filed complaints and the administration. Even as the investigation begins, Natalie* said she doubts whether the college will provide the materials needed to give the OCR an understanding of the full picture, based on her experience.
“They haven’t been honest with me. They have not been honest with the lawyer they had review my case, so honestly my expectations are low. I don’t expect honesty or integrity from them,” said Natalie.
Teresa* filed a complaint with OCR at the beginning of 2014 concerning the college’s investigation of the debate team for discrimination for sexual discrimination and sexual harassment, and the college’s failure to address instances of retaliation. Though the OCR began an investigation last spring, Teresa has not heard from the OCR in several months.
“If students are coming forward, Whitman needs to support them. I think Whitman likes to create the illusion that things are being done, when in reality, few actions are being taken, and the actions that are being taken don’t resolve the issues. There are many wonderful things about Whitman. The administration’s repeated mishandling of Title IX complaints is clearly not one of them,” said Teresa in an email to the Pioneer.
Over the last two years, there have been at least six claims made against Whitman to the OCR. Though the college has not yet been found in violation of federal laws, Natalie believes the relatively high number of reports in recent years point to a pattern of dissatisfaction with the college. She also claims to know several other individuals who are considering filing complaints against the institution.
“I think [the frequency of complaints to the OCR] is important to acknowledge because this whole time Whitman has made me feel alone and as if I’m the only person to ever have had a problem with their sexual misconduct policy … and that’s just not the case,” said Natalie.
“Regardless of the outcome of this investigation, it’s important that survivors feel that the school has failed them.”+