University of Arkansas Fayetteville - Razorback Yearbook (Fayetteville, AR)

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“At first I convinced myself that everything was okay,” the student said. During therapy sessions, the student came to terms with the alleged assault. “My therapist was the person who helped me realize that my relationship was one that wasn’t healthy, and that all these things that happened to me weren’t okay,” the student said. “She helped me come to terms with what happened.” The student then contacted a woman who also filed a report against the alleged assailant. The student and the other alleged victim had similar experiences, the student said. “It was terrifying,” the student said. After that, the student decided to file a Title IX report April 21, 2015. “I spoke with the interim Title IX director and told her what happened, and it was decided that there was grounds for a case,” the student said. After that, the student spoke with Ashley McNamara, who was the program coordinator for Community Standards and Community Ethics and investigated the case. During the investigation into the alleged sexual assault, the student said university officials did not make contact until the summer. “! didn’t hear anything again until July 6,” the student said. The official hearing could not take place until the alleged assailant came back from a study abroad trip, the student said. “I was then told I would not be able to have my hearing until Aug. 21,” the student said. “After the assaulter was found not responsible I turned in my appeal the next week.” He was found not responsible due to a lack of evidence and a no-contact order was issued, according to an email sent Aug. 21 to the student from Jennifer Conyac, assistant director for the Office of Student Standards and Conduct. • still see him on campus and it pains me every time,” the student said. Because of the no-contact order, the student left the Inspirational Choir. The alleged assailant, also in the Inspirational Choir, asked Jeffrey Murdock, associate director of Choral Activities, to make sure the two were placed on opposite ends of the room during class, the student said. Murdock said he would talk to whomever he needed talk to, the student said. “I go to class that next Tuesday, and Wednesday I get an email from him that said I need to refrain from coming back to class because it was the best solution for all involved,” the student said. This decision was because the alleged assailant came to him three weeks before the student did, Murdock said to the student in an email. “I immediately contacted the Title IX coordinator,” the student said, “and was put in contact with Nicole Ferguson who was the new interim Title IX director, who upheld his decision.” The student was told it was because enrollment was not completed in a timely manner, and because the student did not audition. “When I spoke to the professor he told me I did not have to audition, and I had registered for the class in a timely manner,” the student said. After correcting the matter with Ferguson, the student returned to class and the no-contact order was still in place. The student later left the choir because of feelings of mistreatment from those in the class, the student said. After the experience with the university, the student started a blog. “The dean of students contacted me and said her and Nicole Ferguson wanted to meet with me,” the student said. “And they were upset with the second article I had written.” STORY CONTINUED ON NEXT PAGE TITLE IX 19

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US Investigators Scrutinize Title IX Cases Editor’s Note In the summer and autumn months of 2016, the University of Arkansas came under national scrutiny for the handling of Title IX sexual assault cases. The Department of Education Office of Civil Rights began investigating the university’s handling of three 2015 complaints in April 2016, but the controversy surrounding the Title IX policy and the progressing federal investigation continued throughout the year. The following story first appeared in The Arkansas Traveler student newspaper May 4, 2016. Victims of sexual assault are not named per Traveler policy. This story was a Society of Professional Journalists Region 12 Honorable Mention for Breaking News 2016. STORY I SHELBY EVANS, GINNY MONK. ALEX GLADDEN WITH CONTRIBUTIONS FROM UATV The UofA was one of 181 higher education institutions being investigated for allegedly mishandling Title IX sexual violence cases. The U.S. Education Department Office for Civil Rights began the investigation to determine the validity of students’ claims that the UofA did not handle Title IX complaints of sexual violence quickly and efficiently enough and failed to keep students away from sexually hostile environments, according to a letter from the department to Chancellor Joseph Steinmetz on April 21. The Office for Civil Rights received three complaints addressing the UA response to the reports, which were filed in 2014, on June 15, 2015 and Aug. 3, 2015, according to the letter. These three complaints resulted in the investigation of two issues, Mark Rushing, the assistant vice chancellor of university relations, said in an email. Danielle Wood, the director for the Office of Equal Opportunity and Compliance, declined to answer questions surrounding the investigations and said the Traveler should file open records requests and review the student life handbook. Wood also said she did not want her interview with the Traveler recorded. Wood said that the Traveler should reach out to Rachel Eikenberry, the director for the Office of Student Standards and Conduct. Eikenberry directed questions to Rushing. “The OCR has advised the university that is it seeking information as to whether the university adequately responded to three Title IX-related matters,” Rushing said. “We are fully cooperating with OCR in its investigation.” Title IX is a federal law that states that no person, on the basis of sex, will be excluded from participation in, be denied the benefits of or be subjected to discrimination under any education program or activity receiving federal financial assistance, according to the DOE website. Investigations undertaken by the OCR may examine whether schools respond promptly and effectively to reports of sexual violence. They also can look at whether a school violates sexual discrimination laws by creating a hostile environment that limits or denies students the ability to participate in educational programs, according to the letter. One student filed a complaint with OCR and was told that the issues brought up in her report would be sufficiently covered by investigations. “The department told me that my issues would be addressed in the other complaints,” law student Samantha Baker said. Baker filed the report because she noticed trends in the way the UofA deals with Title IX cases. One of the complaints being investigated involves a reported sexual violence case that was first filed with the UA Office of Equal Opportunity and Compliance by a sophomore student. 18 FALL

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• • • • • 1 out of 5 BL b b bl bl IT IT IT IT IT In a recording of the meeting with Ferguson and Dean of Students Melissa Harwood-Rom, the student was told that using the alleged assailant’s name in blog posts classified as retaliation. “They told me I could not put his name in things,” the student said. University policy and federal law prohibit any form of retaliation against a person who, in good faith, makes a complaint of a possible Title IX violation, participates in an investigation of a possible Title IX violation or participates in the resolution of a possible Title IX violation, according to the UA Code of Student Life. “You’re free to talk about whatever you want and deal with it however you feel is appropriate, we just have to be careful you’re not calling out other students,” Ferguson said in the recording. Baker was with the student during the meeting. The student filed a complaint with the OCR because of a question of whether the university adequately responded to the alleged assault. “I believe the investigation is needed,” the student said. “There were two cases opened which means there were multiple complaints, so I don’t believe I am the only person who thinks that the investigation is necessary either.” Both cases at the Uof A were added to a list of sexual violence investigations being investigated by the Education Department. There are 228 investigations listed at 181 post-secondary institutions. The UofA was the only school in Arkansas listed. The University of Arkansas Annual Notice Prevention of Discrimination , Sexual Harassment Sexual Assault ... Pursuant to Title IX and state laws, the University also prohibits sexual harassment, which includes sexual assault and sexual violence. The University has designated a Title IX Coordinator. Inquiries to the University of Arkansas concerning the applicability of these laws and their implementing regulations should be referred to the Title IX Coordinator. The United States Department of Education’s Office of Civil Rights (“OCR”) is responsible for enforcing Title IX, as well as other federal civil rights laws that prohibit discrimination in programs or activities that receive federal financial aid. Inquiries and complaints may also be directed to OCR at 1-800-421-3481 or ocr@ed.gov. Except in the case of a statutory prohibition from reporting, all UA employees must, within 24 hours of witnessing or receiving information about a sexual misconduct allegation, report it to the Title IX Coordinator or a Deputy Title IX Coordinator regardless of whether an informal or formal complaint has been filed. Any student, non-employee or campus visitor guest who has witnessed or received information about sexual misconduct is strongly encouraged to report it to the Title IX Coordinator or a Deputy Title IX Coordinator. You may also contact the University of Arkansas Police Department, 479- 575-2222 (non-emergency) or 911 (emergency). 20 FALL