GRAND RAPIDS, Mich. - The U.S. Department of Education announced Thursday it will fine Michigan State University a record $4.5 million and require the university to make major changes to its Title IX procedures following the sexual assault case against Dr. Larry Nassar.
The fine comes after two separate investigations -- one by the office of Federal Student Aid (FSA) and the other by the Office for Civil Rights (OCR).
“What transpired at Michigan State was abhorrent, inexcusable, and a total and complete failure to follow the law and protect students,” said U.S. Secretary of Education Betsy DeVos. “Michigan State will now pay for its failures and will be required to make meaningful changes to how it handles Title IX cases moving forward.
"No future student should have to endure what too many did because concerns about Larry Nassar and William Strampel were ignored."
University President Samuel L. Stanley announced several actions in response to the investigations. First, he accepted the resignation of Provost June Youatt, effective immediately.
Second, Stanley formed a new oversight committee charged with ensuring the actions MSU will take are fully responsive to the steps outlined in the agreements with the department, as well as OCR's letter of findings.
“OCR’s letter of findings is very clear that the provost and former president failed to take appropriate action on behalf of the university to address reports of inappropriate behavior and conduct, specifically related to former Dean William Strampel,” Stanley said. “In my effort to build a safe and caring campus, we must have a culture of accountability.”
A university trustee Brain Mosallam said he's grateful that MSU agreed to adopt a number of his recommendations found in his NewDay MSU Plan. "It's unfortunate that it took a federal action to compel these common sense actions rather than John Engler's Administration implementing them voluntarily," he said.
In February 2018, DeVos directed the OCR to launch a systemic investigation into MSU's handling of reports of sexual violence against former employee Dr. Nassar. The FSA also continued its investigation into the university's compliance with the Clery Act.
“I want to thank each of the survivors who came forward and shared their stories. Doing so took an incredible amount of courage," DeVos said. "Never again should incidents of sexual misconduct on campuses—or anywhere—be swept under the rug."
The Department will require MSU to pay $4.5 million in fines based on four serious findings of Clery Act noncompliance:
- Finding #1: Failure to Properly Classify Reported Incidents and Disclose Crime Statistics
- Finding #2: Failure to Issue Timely Warnings in Accordance with Federal Regulations
- Finding #3: Failure to Identify and Notify Campus Security Authorities and to Establish an Adequate System for Collecting Crimes Statistics from all Required Sources
- Finding #4: Lack of Administrative Capability
As a result of these findings, MSU must take corrective actions that include the following:
- Employ an independent Clery Compliance Officer, who will report to a high-level executive;
- Establish a new Clery Compliance Committee that includes representation from more than 20 offices that play a role in campus safety, crime prevention, fire safety, emergency management, and substance abuse prevention; and
- Create a system of protective measures and expanded reporting to better ensure the safety of its student-athletes in both intercollegiate and recreational athletic programs. Similar steps will be taken to better ensure the safety of minor children who participate in camps or other youth programs that are sponsored by the University or that are held on its properties.
OCR conducted a separate Title IX investigation against Nassar and found that MSU failed to adequately respond to reports of sexual misconduct by Nassar and William Strampel, failed to take appropriate interim measures to protect its students while complaints against Nassar and Strampel were pending, and failed to take prompt and effective steps to end any harassment, eliminate the hostile environment, and prevent any further harassment from recurring.
As a result of the investigation, MSU signed a resolution agreement to address the Title IX violations, which, among several provisions, requires that the University do the following:
- Make substantial changes to the University’s Title IX procedures and ensure that certain officials recuse themselves from Title IX matters;
- Take remedial actions to address the impact of the sexual misconduct by Nassar and Strampel on students, faculty and other staff within the College, the Sports Medicine Clinic, and related facilities, programs and services;
- Provide a process for those victims of Dr. Nassar, who have not otherwise had an opportunity to seek remedy, to come forward and seek remedies to which they might be entitled;
- Review the actions of current and former employees of the university who had notice but who failed to take appropriate action in response to reports of sexual misconduct by Nassar or Strampel and consider appropriate sanctions against those employees;
- Address the campus climate around issues of sexual harassment and sexual violence, strengthen staff training, and assess the need for additional student services; and
- Exercise adequate Title IX oversight of the University’s youth programs by notifying Youth Program participants of its Title IX grievance procedure and that the procedures apply to Youth Programs.
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