Tag Archives: Title IX

Head of ASU’s HR, Kevin Salcido, failed to properly handle a complaint regarding inappropriate behavior by a faculty member…sound familiar?

This is a long article but definitely worth the read. It illustrates how the head of ASU’s HR, Kevin Salcido, has repeatedly been informed of issues among his faculty members (whether they are professors accused of sexual harassment, or a Police Chief accused of incompetence), and has repeatedly failed to take appropriate and timely action against university employees.

From abc15.com

The federal government confirmed Thursday that Arizona State University is under investigation for the possible mishandling of a report of sexual assault or harassment.

An ASU alum wants to trigger a second inquiry.

Jasmine Lester said she plans to file a Title IX complaint against the school sometime in the next few weeks.

“Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in all education
programs or activities that receive federal financial assistance,” according to a U.S. Department of Education news release.

ASU is one of dozens of schools nationwide with an active Title IX investigation involving sexual assault or harassment, the Thursday release said.

Lester said she will file her complaint because, among other reasons, a university administrator discouraged her from filing a sexual harassment complaint within the university system.

Lester said a professor flirted with her for more than a year, took her out for drinks, and created “sexual tension.”

“‘We’re talking about sexual harassment as more of a shove you up against the wall kind of thing,'” the school’s Title IX coordinator said, according to Lester.

After Lester persisted and filed a report, the school found no evidence of sexual harassment, Lester said.

She said parties with a stake in the investigation went on a smear campaign against her, another reason for the federal filing.

Multiple calls to ASU for comment were not returned. As such, details of Lester’s complaint with the school could not be confirmed.

 

What is interesting about this article is Jasmine Lester previously met with the head of ASU’s Human Resources department, Kevin Salcido (you can view the transcript of the discussion here). In this discussion, Jasmine and another individual mention to Salcido how some of Jasmine’s concerns regarding inappropriate behavior by a faculty member were brought to the attention of ASU officials, who waited three years to initiate any sort of response (Salcido responded,  “it’s unfortunate that it took a while for that to make it our way”).

Salcido also avoids answering direct questions about why the faculty member was allowed continue to lead  study abroad trips (where Jasmine’s incident occurred), or why it took so long to fire professors engaged in sexual relationships with students.  Salcido states that if he isn’t informed about such incidents, he can’t do anything about them (despite the fact Jasmine reported her incident to both faculty members and ASU administrators).

Salcido goes on to lecture Jasmine about how the rules of evidence [in a university investigation] aren’t the same as in a criminal court, but how she needs witnesses, emails, text messages, etc. Salcido also has the nerve to state that he is speaking both as an HR person and “also as someone who was, in a prior life, a police officer”.

The lack of an appropriate and timely response Jasmine experienced with Salcido is nearly identical to the response Salcido has given to the 10+ ASUPD employees who have spoken with him. Many current and former employees have come forward to speak with Salcido directly in regards to the on-going problems occurring at ASUPD (staffing, the FTO program, supervisors engaging in illegal and unethical behavior). He has stated on several occasions that he “can’t just fire half the police department”, despite being told (again, by multiple employees) many members of the Command and training staff were/are engaged in illegal/unethical behavior. Several employees who spoke to Salcido about this topic also witnessed the negative behavior first hand, or provided Salcido with the names, dates, and documents that would prove the merits of the accusations.

In regard to the slew of former employees ASUPD has left in its wake, Salcido has more or less stated the opinions and experiences of the people who have left the university aren’t relevant to what is currently transpiring within ASU, and speaking to them would be essentially pointless.

Much like his interactions with Jasmine Lester, Salcido’s pledge to “look into” ASUPD’s problems were completely useless. When the head of the Human Resources department at the largest university in the United States is incapable of removing problem employees from the university DESPITE witnesses and evidence…it makes one wonder how many other issues Salcido has failed to act appropriately on.

P.S. Mr. Salcido, you could never be a police officer, even in a prior life. Your deliberate indifference in the face of adversity illustrates your complete lack both compassion for others and a moral compass.

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ASU is non-compliant with the Clery Act and also Title IX!

Two major state universities in Michigan are currently under investigation by the Department of Education for alleged non-compliance with the Clery Act and also Title IX, according to a recent article from Campus Safety Magazine. The complaint states that both the University of Michigan, and Michigan State University failed to appropriately handle sexual abuse cases.

The complaints lodged against UM/MSU are very similiar to issues we raised in our recent article, ASU misrepresents its crime statistics, violates Clery Act (Part two).  Like UM/MSU, ASU failed appropriately handle several forcible sexual offenses.  ASU failed to report a sexual assault statistic in its 2013 Clery report, and in 2011, ASUPD failed to report at least seven sexual forcible sexual offenses.

We have previously discussed the requirements ASU must follow under the Clery Act (due to their status as a university which accepts federal financial aid), but we have yet to mention how ASU may also be in violation of Title IX. Title IX is a law passed in 1972 which requires gender equity for boys and girls in every educational program that receives federal funding. It is most commonly thought of in reference to college athletic programs, but it has a wide range of applicability, including sexual harassment and sexual violence.

According to an article on Title IX from Campus Safety Magazine:

  • Sexual violence is viewed under the law as an extreme form of hostile environment/sexual harassment and must be addressed. When an institution “knows or reasonably should know” about a hostile environment, they are required “to take immediate action to eliminate the harassment, prevent its recurrence and address its effects.” Institutions must adopt and publicize policies as well as designate at least one Title IX coordinator to respond to their obligations under the law.

In 2011, the Department of Education’s Office for Civil Rights began an initiative to require greater compliance for schools to adhere to Title IX, which included sending a letter to applicable institutions outlining the requirements. Under the requirements, ASU’s Title IX coordinator is required to communicate regularly with the school’s law enforcement unit investigating cases (ASUPD) and provide them with information regarding Title IX’s requirements. How can ASUPD refer cases to the Title IX coordinator when the department reclassifies or omits sexual offense cases from its Clery report? In addition to this, ASU’s Title IX coordinator has been accused of failing to investigate claims of sexual harassment, making the purpose of having a Title IX coordinator effectively useless.

By failing to comply with Title IX, ASU is at risk of losing its federal funding, and some cases may also be referred to the Department of Justice for litigation (this is in additional to the financial penalties the university may suffer from failing to comply with the Clery Act requirements). The student group Sun Devils Against Sexual Assault is currently in the process of filing a complaint with the Department of Education over ASU’s non-compliance with Title IX (which will hopefully incorporate ASUPD’s non-compliance with its Clery Act reporting.

 

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