On November 2, 2023, Arcadia University’s halls were filled with rage and distress. Classes paused to bring up a pressing issue at hand: Arcadia’s Title IX office, as well as their Human Resources Department, failed to properly investigate cases of sexual assault in the years from 2018-2021. In 2023, two years later, the Department of Education is holding Arcadia’s Title IX office under a consent agreement for their failure to look into and deal with these cases.
The 2018-2021 Cases
On October 31, 2023, Arcadia received a letter from the United States Department of Education Office For Civil Rights. In the letter, the D.O.E. addresses that the University “discriminated against students on the basis of sex by failing to promptly and equitably respond to their April 2021 complaints of sexual harassment by a Professor.”
The summary statement in the OCR’s findings relays that Arcadia University violated Title IX when the administration failed to complete the investigation and come to a determination regarding the sexual assault allegations because the accused professor resigned mid-hearing. The letter also points out that a second Title IX violation was present, in that the University had knowledge of the allegations prior to the hearing, and they failed to investigate those claims as well.
The factual findings by the OCR are detailed in the resolution letter. For privacy reasons, the former students are referred to as Complainant A and Complainant B. Both of them were enrolled in several classes with the accused professor at Arcadia University.
In the letter, it is states that Complainant A had emailed the University President and the then-Chief of Human Resources Officer on March 16, 2021, with a link to an article covering sexual harassment at another university. In her email as stated by the OCR, Complainant A wrote: “May I once again bring to your attention [redacted content] the professor [redacted content] I am aware I am not the only one who has had issues. I am also aware that nothing has ever been done.”
Once this email had been received, the University’s Civil Rights Investigator began to contact Complainant A to inform her of and walk through the Title IX coverage and processes, as well as the interim measures they could take. This meeting between Complainant A and the Civil Rights Investigator occurred on March 27, 2021. On March 28, 2021, Complainant B then emailed the Investigator, explaining that Complainant B recommended that she speak with them regarding their complaints against the professor. Two days later on March 30, 2021, Complainant B and the Civil Rights Investigator met, completed an intake form, and discussed supportive and interim measures and resources.
A few days later on April 6 2021, both Complainants A and B (separately) went to the Title IX Coordinator and told them that they each wanted to move forward with the formal grievance process. Then, on April 12 2021, the Dean of the University emailed the Administrative Director, informing her of a request from Human Resources to send them the course evaluations for the Professor accused. In this email exchange, the course evaluations noted that the professor had a habit of making inappropriate and sexual comments on a regular basis. The Title IX Coordinator then sent a Notice of Investigation to Complainants A and B, as well as the professor. The Notice stated that the allegations to be investigated was whether the Professor violated the University’s Legacy Policy Prohibiting Sexual Misconduct.
In May of 2021, the investigators of the case began to conduct interviews, beginning with Complainants A and B. This is where the University began their investigation of the sexual misconduct allegations. On May 6, 2021, the Professor emailed the Title IX Coordinator to confirm he received the notice, as well as explain that his health was suffering. The investigation was completed and submitted to the University on July 30, 2021. The interviews took place from May 10, 2021 through June 18, 2021, and were composed of 12 individuals including Complainants A and B and the Professor. In the interviews reviewed by the OCR, it is noted that Complainants A and B had previously raised concerns about the University’s then Chief of Human Resources Officer in the Fall of 2018. During her interview in May 2021, the former Chief of Human Resources Officer remembered Complainants A and B, as well as other students, complaining to her regarding the inappropriate comments made by the Professor. She could not recall whether or not she reported the complaints, but noted to the investigators that the Professor had accused Complainants A and B of cheating after the complaints were sent about him, which she found to be suspicious timing. The former Chief of Human Resources Officer also detailed that she was unable to initiate an investigation of the Professor because he had been a tenured faculty member. She also stated that while the complaints made to her were concerning, she did not know if they fell under sexual misconduct under the Title IX clause because “he did not touch students in their private parts.” There seemed to be “overlap and confusion”, as reflected in the interview notes, as to which Administrators of the University should handle sexual harassment cases of students by faculty; they did not know if the case should be sent to the Title IX Cooridnators or the HR Department.
On July 30, 2021, the Title IX Coordinator sent an email to Complainants A and B and the Professor to tell them that the investigation was completed and the Investigative Report was forwarded to the Vice President of Human Resources. On September 6, 2021, the Vice President emailed Complainants A and B to tell them that the University scheduled a formal hearing. Then, the Professor emailed the Vice President on September 17, 2021 to explain his various health issues, and asked to hold off the next stage of the Title IX resolution process. The Vice President then let Complainants A and B know that their timeline for their resolution would be extended. On November 30 2021, the Vice President confirmed with the Professor’s treating facility that he [the Professor] could participate in the hearing. On December 13 2021, between the times of 12:15-12:30pm, the Vice President emailed the Professor and Complainants A and B to let them know that the University planned to move forward with the hearing. However, three hours later, the Professor emailed the University President and requested that the President permit him to begin his retirement from the University.
On January 4 2022, the Vice President emailed Complainants A and B to let them know that the Professor had resigned due to his health issues, and his separation from the University would cause the formal grievance process to end. The University maintains that the Professor would no longer be teaching at Arcadia due to his health issues, and he could no longer be rehired. This claim was sent by the University in a letter to the ORC; Arcadia asserted in this letter that “to the extent that the University’s primary obligations under Title IX are to end harassment it has notice of, prevent its recurrence, and address its effects, the University’s actions satisfied these obligations.”
As stated in legal summaries in the letter from the United States Department of Education Office For Civil Rights to the University, the University learned of the sexual harassment allegations made by the Professor as early as Fall 2018. The University failed to investigate these allegations under legal obligation. Had Arcadia not failed to fully investigate and resolve sexual harassment allegations (repeatedly) they may have been able to prevent such hostile behavior from happening again. The ORC’s investigation affirms that had the University conducted a complete investigation at the time the complaints were first raised in the Fall of 2018, as they are legally under obligation to do, they could have ended any harassment at the time and prevented its recurrence from students enrolled at Arcadia.
1 in 4 Women
Statistically speaking, women ages 16-19 are four times more likely to be victims of sexual assault and/or violence than the rest of the general population. Only 30% of cases are ever reported. 1 in 4 women are victims of sexual assault and/or violence. Most college campuses have a female population within this age range, typically from ages 17-21. With this information, it is crucial that universities have a strong, healthy Title IX office and HR Department, and that the university is supportive of any individuals who have been victims of sexual violence.
Having a sexual assault case hidden or ignored is something nobody should ever have to go through. In doing so, the university and its Title IX coordinators are actively silencing victim’s voices. Generally, the female population do not speak up about sexual harassment as it is, because there is always a fear that they will be called liars, or we will not be taken seriously. Vulgar names have been thrown about that degrade women for speaking up about their own experiences with sexual assault as well. Because of this, it is essential that women, and any victimized individuals, have people to talk to and trust when it comes to being the victim of sexual assault. Unfortunately, Arcadia University’s Title IX office was not the place to look for that support.
What Is The Title IX Clause?
The Title IX Clause is a federal civil rights law that exists to prohibit any misconduct based on sex in institutions, including schools or any other program that receives funding from the federal government. The Department of Education explains that, “Title IX states that ‘No person in the United States shall, on the basis of sex, 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.’” It was enacted in 1972 as a part of the Education Amendments.
In the letter sent from the D.O.E, they define sexual harrassment as a form of sex discrimination that is prohibited by the Title IX clause. Examples of this are unwelcome sexual advances, requests for sexual favors, verbal, nonverbal, and/or physical conduct of a sexual nature.
If the recipient has a constructive notice of sexual assault and/or harassment, there is a list of appropriate steps that must be taken in order to investigate and determine what has happened. Postsecondary institutions sometimes need to take interim measures, which are individualized services to parties involved in sexual misconduct cases. In a school, these measures can include counseling, campus escorts, leaves of absence, changes in work/class locations, and increased security and monitoring of specific areas on campus.
If the postsecondary institutions’ taken steps to determine the occurrence of sexual misconduct, or if their steps create a hostile environment, that institution is responsible for taking effective action to stop the harassment and prevent it from happening again.
Arcadia University’s Walk-Out
On November 9th, 2023 at 12:00 P.M., students, faculty, and staff at Arcadia attended a walk-out. They stood in front of The Chat (a quick-prep dining experience in the university’s Commons building) for nine minutes, to signify Title IX. Students and staff gathered here to express their concerns, fears, anger, and sadness about the university’s failure to report such horrific incidents. The walkout ended up lasting for about three hours.
Students and faculty left class and lectures and came from their dorms around campus to show their support for the students involved in the uninvestigated 2018-2021 cases, as well as support for victims in and outside of the campus. Many of the speakers were not related to the previous cases, but they touched on their own grievances with Nora Nelle. It was truly a wonderful experience to be a part of, and it shows victims that there are people that will support them and fight for them. Students held homemade signs as well. The signs said things like “There is no gray area around sexual assault”, “End rape culture on this campus”, “Where is Nora Nelle Now?”, and “Stop silencing us!” The staff at the university is also doing their best to speak to students about this issue during class time, and to keep their doors open for students to ask for help, mention their concerns, and share their feelings and their own experiences. The walk-out created a truly supportive environment for everyone involved. However, it was also filled with exhaustion and rage. Students are so tired of being silenced and disregarded by the University’s failure to address such things.
At the beginning of the walkout, the list of demands were expressed. They were as follows:
- We expect the university to set specific, measurable goals to repair the trust between students, faculty, staff, and administrators. We are wondering, what concrete steps will they take to do this?
- We are asking for accountability. What mechanisms are in place to hold the university responsible for the goals outlined in their recent email, as well as the goals outlined by the U.S. Department of Education?
- We are asking what third party will engage in investigating the following entities: When will this take place, and how will we know that they are doing so?
The first speech ended with a powerful quote, stating: “Today we are standing in solidarity with past and current victims of sexual violence on and off campus. We are demanding a cultural and structural shift to end rape culture on this campus.”
Student Demands and The University’s Response
Arcadia’s Social Justice Society has released a post via their social media presenting the list of student demands, as well as the university’s response to those demands following the walk-out. They are as follows:
STUDENT DEMAND:
An official anonymous page or form acting as a student line to report any level of concern (sexual harassment, sexual assault, racism, homophobia, etc.)
UNIVERSITY RESPONSE:
All community members are encouraged to use the Campus Conduct Reporting Hotline, a system for community members to report (anonymously if desired) situations, events, or actions by individuals or groups that are unethical or inappropriate.
STUDENT DEMAND:
Have more town halls, panelist style (officials and administration on top, and congregation on bottom) with public safety representatives, and a representative for every department responsible for the matter.
UNIVERSITY RESPONSE:
In the coming weeks and throughout the spring semester 2024, we will host a student focus group, at a time and with options that are convenient to most if not all students, at least once a semester, to provide a space for community members to share feedback, ideas, and concerns.
STUDENT DEMAND:
Sensitivity training for students, public safety, staff, and faculty; Interactive workshop with scenarios for staff/faculty to think critically about how to approach and resolve different situations; Incorporate DEI sensitivity training in consistency with faculty and staff, and in first-year seminar classes; Staff should get a more extended training session; A faculty department meeting with intensive DEI training required at least once a semester.
UNIVERSITY RESPONSE:
Beginning in the spring semester 2024, we will supplement our current Title IX education and training with external excerpts every semester, that will be open to the entire campus community, with a focus on a time that is as convenient to as many as possible; We will also work with Metz to evaluate training protocols that address personal interactions; (In regards to Public Safety) We will invest in additional training specific to sensitivity and officer protocols.
STUDENT DEMAND:
Stricter rules for public safety and dining hall workers. Inappropriate relations and interactions should be reprimanded.
UNIVERSITY RESPONSE:
Effective immediately, we will engage an external party to conduct a thorough investigation of our Department of Public Safety. Also effective immediately, we will outline for Metz Management clear expectations for professional and appropriate behavior by employees at the Chat and all dining locations; anything short of that is unacceptable.
Along with this list of student demands, the Social Justice Society also posted to their social media a list of demands that the University has yet to meet. They are as follows:
- Campus wide updates on when the University plans on completing tasks appointed by the U.S. D.O.E. Keep the entire student body in the loop.
- Transparency: In the future, the student body should never have to learn about what’s going on within our institution from outside sources.
- An intense review of the no-contact order process. Students shouldn’t have to wait until harm is inflicted to get a no-contact order. Students should be believed at their word and have this request met immediately as there is no repercussion for having distance between individuals.
- Formal apology to past and present victims of Title IX office neglect while under the direction of Nora Nelle.
- Must have check-ups on victims. Never close a case entirely, follow up on student and their emotional well-being and safety (could be the next week, month, or three months.)
Arcadia Needs to do Better
Arcadia University’s students and staff are demanding that the university do better. We are demanding that our campus become a safer environment, and that the administration stops hiding and ignoring these situations from students.
Students here should not find out about this horrible failure from outside sources. We feel betrayed, cheated, and angered. We want to feel safe and protected. We want to see change. We need Arcadia to do better.
Let this be a reminder to students and staff, as well as survivors of sexual violence: your story matters. You are supported, if not by your university, by the hundreds of students that showed up to the walk-out. We will fight for you, for your story, and for a major change in the university’s structure. You are not alone in your experience, and Arcadia’s students will not settle until our voices are heard.
The artwork pictured at the beginning of this piece is titled ‘before being heard, we must be seen’ by Meradith Watson, created for this special issue in response to the Title IX issues.
Other perspectives on this issue:
> Statements from Arcadia University students, Social Justice Society leaders, and Faculty
> Title IX as an RA and OL by Klaudia Wrona
> Exposing Cracks in Higher Education as a Student Journalist by Ethan Rodriguez
