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UNM’s Handling of Rape Allegations Falls Short

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UNM’s Handling of Rape Allegations Falls Short

In a scathing report, the US Justice Department has found that the University of New Mexico’s (UNM) handling of reports by students of sexual harassment, including sexual assault, fail to comply with federal law.

The investigation, launched on December 5, 2014, in response to complaints from multiple students alleging that UNM did not adequately respond to their reports of sexual assault, was conducted under Title IV of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972.

The investigation found that although UNM had strengthened its response to sexual harassment and sexual assault over the past year, it remains out of compliance with Title IX and Title IV in key respects. Students, faculty, and staff lacked basic understanding about reporting options, duties, and obligations, as well as where to turn for help.

The investigation also found significant gaps in UNM’s procedures, training, and practices for investigating and resolving allegations of sexual assault and harassment, resulting in a grievance process that complainants and respondents alike described as confusing, distressing, and rife with delays.

Students who have experienced harassment and assault have difficulty accessing services and supports, leading to severe and lasting educational impacts, including suspending their academic coursework, dropping out of extracurricular activities, losing scholarships, and even withdrawing from UNM.

The Justice Department has called on UNM to take several measures to fully comply with these laws, including providing comprehensive and effective training to all students, faculty, and staff, revising UNM’s policies and procedures to provide a fair and prompt grievance procedure, and adequately investigating or responding to all allegations by students who have alleged sexual assault or sexual harassment.

Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division, said, ‘Our findings reveal how a flawed system for responding to sexual assault fails all those involved…These failures diminish educational opportunities and threaten community confidence in the integrity and fairness of the university’s policies and practices.’

UNM officials have started to implement key changes in a number of areas, and the Justice Department looks forward to working closely with them to ensure full compliance with federal law.

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