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After The State’s report, USC announces new steps to address sex harassment cases

University of South Carolina president Bob Caslen on Wednesday, September 30, 2020.
University of South Carolina president Bob Caslen on Wednesday, September 30, 2020. jboucher@thestate.com

University of South Carolina President Bob Caslen announced several new steps the school will take in addressing cases of sexual assault and harassment on campus.

Caslen made the announcement in a Sunday morning email to students, faculty and staff. The message came two days after The State published a story Friday reporting that 10 women have alleged since 2017 that the school failed to effectively respond to claims of sexual harassment. The paper examined those allegations through court records, interviews and internal USC documents.

“We must better support survivors, protect the rights of the accused and ensure our compliance with the law,” Caslen wrote in the Sunday email. “In all matters, we will abide by the rule of law and enforce due process consistent with legal mandates and regulations established by the U.S. Department of Education.”

The school president noted that, while sexual assault or harassment can occur as a singular act, the impact can be “compounded by the indifference or failure of others” to respond in a manner consistent with the university’s values and policies.

“While the university has established the Sexual Assault and Violence Intervention & Prevention office to provide individual support to survivors as they navigate this experience, we must look at our systems across the institution to address where improvements can be made,” Caslen wrote.

The school president outlined several “immediate next steps” the university will take in regard to sexual harassment and assault.

Among those efforts will be to establish an independent Title IX coordinator. Until now, one person held the positions of Title IX coordinator and equal opportunity programs director. Title IX coordinators are typically responsible for coordinating the investigation process in instances of sex discrimination.

Title IX is the federal law passed in 1972 that prohibits discrimination based on sex in education.

USC is currently engaged in a search for a new equal opportunity programs director, and Caslen said there will be a national search for a new Title IX coordinator. The new Title IX coordinator will report directly to Caslen.

USC’s Dean of Students, Marc Shook, will be working as the interim Title IX coordinator.

A USC spokesman said the equal opportunity programs director position has been open since January. The previous EOP director, Cliff Scott, retired at the end of December. USC’s website indicates Carl Wells is serving as the interim equal opportunity programs director.

The president said in the Sunday letter that he also is creating a new, independent Sexual Harassment, Sexual Misconduct, and Interpersonal Violence Office that will report to him.

Also among new steps will be the establishment of a Sexual Misconduct and Interpersonal Violence Comprehensive Review, which will have faculty, administration and student leadership. The letter said the goal is to have “a holistic and comprehensive review of (USC’s) process, policy, training, historic activity, capacity and effectiveness” in regard to sexual misconduct.

The president, who has been at USC since 2019, also said he has established a committee that will review every harassment or discrimination case for “completeness and validity” prior to the school issuing a determination.

“This is only the beginning of our increased efforts to examine and improve our response to sexual assault, harassment and interpersonal violence at the University of South Carolina,” Caslen wrote.

The State’s Friday report detailed a number of lawsuits and cases in which women accused the university of improperly responding to claims of sexual harassment or discrimination.

Caslen’s message

Here is the email Caslen sent Sunday morning:

Dear Students, Faculty and Staff:

The health, safety and welfare of our people is our top priority, and we unequivocally condemn all instances of sexual assault and harassment and interpersonal violence. I care deeply about this issue and hear your concerns. This type of behavior is inconsistent with our values as a university, and it is important that as an institution, we create a culture that is counter to these behaviors and that we continually improve the processes necessary to ensure these behaviors are identified and quickly stopped.

At the university, we have a multifaceted process in place to address these issues, including education for all UofSC employees, how survivors can make reports, how claims are investigated and the ongoing support we offer to members of our community. However, it is clear we can, and must, do more.

We must better support survivors, protect the rights of the accused and ensure our compliance with the law. In all matters, we will abide by the rule of law and enforce due process consistent with legal mandates and regulations established by the US Department of Education.

Sexual assault or harassment might occur as a singular act, but the impact can be compounded by the indifference or failure of others to act in a manner consistent with our values and policies. While the university has established the Sexual Assault and Violence Intervention & Prevention office to provide individual support to survivors as they navigate this experience, we must look at our systems across the institution to address where improvements can be made.

Finally, I also recognize that you have concerns not only about our current practices, but also about how we are moving forward to improve our response. Today, I am announcing some immediate next steps regarding the adjudication of sexual harassment and assault cases. They include:

(1) Continue the Title IX Interpersonal Violence (IPV) Workgroup:

  • This recently established interdisciplinary workgroup is comprised of senior leadership and meets monthly to review each pending case occurring on our campus and to ensure an integrated and proper investigation that includes care and advocacy for survivors.

(2) Establish an Independent Title IX Coordinator for the University:

  • I am separating the duties and responsibilities of the EOP Director and Title IX Coordinator into two positions, instead of one as it has been, to provide greater institutional capacity and service to address these issues.
  • We are currently engaged in a search for a new EOP Director and we will immediately begin a national search for the Title IX Coordinator.
  • I am creating an independent “Sexual Harassment, Sexual Misconduct, and Interpersonal Violence Office” that will report to me as President.
  • This new office will be overseen by the university’s Title IX Coordinator and, accordingly, that role will transition out of its current location in the university’s office of Equal Opportunity Programs.
  • The Title IX Coordinator will report directly to me as President.
  • In the interim, I have directed that Dr. Marc Shook, Dean of Students, assume the role and duties of Interim Title IX Coordinator for the university.
  • In this role, he will coordinate all of the activities with respect to education, reporting, adjudication, advocacy and prevention.

(3) Establish, Charge and Implement a Sexual Misconduct and Interpersonal Violence Comprehensive Review:

  • This Review will be co-led by a senior faculty member with subject matter expertise and an administrator.
  • This Review will be comprised equally of Faculty, Administration and Student Leadership.
  • The Review will have 45 days to conduct a holistic and comprehensive review of our process, policy, training, historic activity, capacity and effectiveness.

(4) Establish a Case Review Committee:

  • I have established a Case Review Committee comprised of university experts who will review every case with the EOP office for completeness and validity prior to a determination being issued by the EOP office.
  • The Committee will also review every case with the Title IX office for completeness and validity prior to a determination being issued by the Title IX office.

(5) Review the Appeals Process for EOP Investigations:

  • As required by the US Department of Education, university policy allows either party in a Title IX case to appeal a determination. We will review best practices and determine appropriate appeal rights for the parties in non-Title IX cases.

In closing, I affirm that this is only the beginning of our increased efforts to examine and improve our response to sexual assault, harassment and interpersonal violence at the University of South Carolina. If you or anyone you know has experienced harassment, sexual assault or interpersonal violence, please reach out to speak with a trained interpersonal violence advocate. If you or someone you know needs to report an incident, please contact the Equal Opportunity Programs (EOP) Office to file a report. I promise that we will continue to update our university community as these efforts evolve and reveal new understanding and need for further action.

Bob Caslen

This story was originally published March 14, 2021 at 12:34 PM.

Chris Trainor
The State
Chris Trainor is a retail reporter for The State and has been working for newspapers in South Carolina for more than 21 years, including previous stops at the (Greenwood) Index-Journal and the (Columbia) Free Times. He is the winner of a host of South Carolina Press Association awards, including honors in column writing, government beat reporting, profile writing, food writing, business beat reporting, election coverage, social media and more.
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