State legislators and University administration actively tried to influence the conclusion and release of the Office for Civil Rights’ Title IX investigation of the University by lobbying the U.S. Department of Education, according to The Washington Post.
Correspondence obtained by the Post through an open records request shows Gov. Terry McAuliffe, Virginia Sens. Mark Warner and Tim Kaine and University President Teresa Sullivan urged OCR to allow the University to see the review before its public release.
In one of these letters, McAuliffe urges U.S. Secretary of Education Arne Duncan “to act in order to guarantee that the very important work of OCR at the University of Virginia is not undermined by any unfair or unjust process.”
OCR released the results of their four-year Title IX review in late September and found that though the University is currently compliant with Title IX requirements, the University was not compliant from 2008-12. It found a “basis for a hostile environment” regarding sexual misconduct.
McAuliffe also urged Duncan in his Aug. 14 letter to provide the University with any findings and conclusions before their publication to ensure due process.
OCR did not alter its findings following the correspondence, Assistant Secretary for Civil Rights Catherine Lhamon told the Post.
“The university was enormously displeased with what our findings were and very much hoped we would change them,” Lhamon said. “We did not.”
University Spokesman Anthony de Bruyn told the Cavalier Daily both the OCR and University administration worked together toward common interests.
“[T]here were several discussions and meetings between University officials and OCR staff to allow both parties to answer questions and provide additional information and clarification,” de Bruyn said in an email statement. “Both staffs worked very hard over a period of several months to arrive at an amicable resolution that we believe is in the best interest of both the University community and OCR.”
However, the Post cited an instance of retraction after Sullivan wrote to DOE Director Alice Wender concerning factual errors in the original OCR letter of findings.
“I am profoundly disappointed that the letter is replete with factual errors,” Sullivan said in the letter. “I respectfully request that OCR refrain from publicly releasing its erroneous letter of findings until OCR has an opportunity to consider the university’s forthcoming response.”
Lhamon wrote back to Sullivan Sept. 4 stating the withdrawal of the letter of findings and the return of the case to investigation status.
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