The University of Arkansas has responded to three complaints filed with the federal government regarding how it handles sexual violence complaints, Tamla Lewis, associate general counsel for the university, told lawmakers Thursday.
Two complaints were filed by women and one complaint was filed by a man, Lewis told the Higher Education Subcommittee of the Legislative Council. The women said they were sexually assaulted, but the man, who was accused of sexual harassment, said his rights were abridged by the university.
"I think the numbers may be because of the increased awareness on our campuses. Students are starting to file complaints," Lewis said. "Again, in these type of cases, because there is such a high sensitivity when it comes to sexual assault, despite any best effort, one or the other of the parties will not be happy."
All of the complaints center on Title IX, a federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. Currently, 192 colleges and universities are under investigation for violations of the law. That's up from 55 in 2014.
The movement began at the University of North Carolina at Chapel Hill in 2013 when four students and a former assistant dean of students filed a complaint that said the university violated Title IX, the Civil Rights Act of 1964, the Americans with Disabilities Act and the Clery Act, which governs what crimes universities must publicly report.
Lewis said the University of Arkansas received notice of the three complaints in a letter dated April 21. The university was given two weeks to respond. It asked for a two-week extension and submitted its response May 23.
After the meeting, Lewis said she has not heard back from the U.S. Department of Education's Office of Civil Rights, which investigates the complaints.
During the meeting, Lewis discussed how the university handles the complaints made to it of sexual violence. Once a complaint is made to the university's Title IX coordinator, the coordinator meets separately with the complainant and respondent, and conducts an initial investigation.
At that time, the coordinator discusses interim measures, like reassigning on-campus housing, changing class sections or issuing a "no-contact" order.
The case is then either referred to a Title IX investigator with UA or closed. If it is referred, a full investigation is conducted and sent back to the coordinator. If a potential violation occurred, it's heard by a Title IX panel, which is composed of three people of mixed genders.
That panel meets with the students separately and renders a decision based on a preponderance of the evidence. Either student can appeal to the chancellor and the vice president for student affairs.
The decision is not criminal in nature and the investigation is referred to police only if the complainant requests it, Lewis said after the meeting.
More students are using the process to report complaints, Lewis said, though it's a difficult process for students.
"One issue that we do encounter is a complainant who comes in but does not wish to proceed with the case. They want the university to know that something happened to them, but they don't really want to do anything about it," she said.
Rep. David Meeks, R-Conway, said there's a perception that athletes can get away with sexual misconduct.
"A lot of time, athletes are some of our bigger-name students on campus and you know, we sometimes, unfortunately, hold them to a higher standard, but because they're representing our campus, sometimes we have to do that," Lewis said. "In turn when a young lady -- or a young man, I should say -- if something occurs and it happens with an athlete, I think they want to remain as anonymous as possible because they don't want to be perceived as interrupting someone else's life and that's just the sad truth."
In 2014, the University of Arkansas reported one instance of fondling, three rapes, three instances of domestic violence and two instances of dating violence on campus in its annual crime report to the federal Department of Education. The report is required under the federal Clery Act.
State Department of Higher Education Director Brett Powell said national surveys show that about 1 in 10 college students -- males and females -- report being sexually assaulted. Some reports indicate 1 in 5 women say they were assaulted, he said.
About 27,000 students are enrolled at the University of Arkansas.
After the meeting, he said he did not know of any Title IX complaints filed against any other Arkansas colleges and universities.
Lawmakers on Thursday questioned the degree of police involvement, constitutional rights and campus culture.
"I feel like local police need as much information as they can get from you guys and vice versa," Meeks said.
Rep. John Cooper, R-Jonesboro, asked if Title IX investigators were trained in constitutional rights. Lewis said they train under Title IX and Office of Civil Rights guidance to ensure the university meets its obligation. All employees must follow the U.S. Constitution, she said.
Rep. Matthew Pitsch, R-Fort Smith, asked if instances of sexual assault are increasing or decreasing.
"I just want to make sure we're building a culture where that's an unacceptable situation," he said. "Sometimes when we focus on the culture of measuring things, we get what we measure."
Lewis said the university is targeting various student groups -- such as those involved in Greek life -- to reduce sexual assault.
Metro on 06/17/2016