Civil Rights office to investigate AU

The University is facing a federal investigation from the U.S. Department of Education’s Office of Civil Rights after a group of anonymous parents accused the University of violating Title IX law.

Title IX, an amendment to a 1972 piece of legislation, states that “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

"I don't really feel that men's and women's teams are treated unequally, the only thing that I don't understand is why every other sports team has a field or place to play on campus other than softball," said Karen Folts, a captain of AU's softball team. "It was like we had to prove that we deserved all the other things that the other sports teams had by winning. For instance, we didn't get a locker room until this year, and I feel that that has a lot to do with how well we played last year."

President Edmondson officially released a statement on Alfred Today’s March 31 issue. Titled “On-campus interviews scheduled as part of routine investigation,” the statement reads as follows:

“An attorney representing an anonymous group of ‘parents of Alfred University female student-athletes’ initially made allegations of 'noncompliance with Title IX in the programming, facilities and services of the Athletic Department' in a letter to the University in June 2008," Edmondson said. "We answered the allegations, asserting our belief that we are in compliance. The response from the parents' attorney was to serve the University with an extensive, and expensive, list of demands for improvements in the facilities, staffing and coaching staff and salaries for one women's sport. These demands by one sport, if granted, would have negatively affected the rest of the student-athletes, men and women, and student life in general. The University chose to continue with the formal Office of Civil Rights investigation process initiated by the parents.”

Another statement received by the Fiat Lux from Director of Communications Sue Goetschius stressed that the University will cooperate however it can in the investigation.

“Alfred University will cooperate fully with the U.S. Department of Education’s Office of Civil Rights in its investigation of a Title IX complaint lodged against the University,” Goetchius said. “While we believe the University is in compliance with the requirements of Title IX, it is important to go through the investigative process so that we can put this allegation behind us and move on.”

The Office of Civil Rights (OCR) opens an investigation of a case only after they are granted permission to legally investigate the case, the complaint is filed in a timely manner and the alleged facts of the case have the potential to violate a law from the OCR, according to the U.S. Department of Education’s Web site.

Alfred’s campus has been approved for investigation and will now be subject to OCR’s “fact-finding” procedure, which includes reviewing documentary evidence submitted by both parties, conducting interviews with the complainant, recipient’s personnel and other witnesses and, in some cases, visiting the site.

If AU is found to be in violation, the University will be notified and given a chance to negotiate an agreement multiple times. The ultimate penalty if both sides continually disagree and the University is unwilling to make changes, is that federal financial assistance to the institution will be deferred.

Jim Bradshaw, a representative of the U.S. Department of Education press office, provided the Fiat Lux with more details outlining the complaint.

In an e-mail received by the Fiat Lux, he explained that the complaint was formally received Aug. 12, 2008. In addition, the complaint pinpoints 10 areas at this institution where a women's sport team aren’t given equal opportunity. These areas include: accommodation of athletic interests and abilities, equipment and supplies, scheduling of games and practice time, travel and per diem allowance, opportunity to receive coaching and assignment and compensation of coaches, academic tutoring, locker rooms, practice and competitive facilities, medical and training facilities and services, and lastly publicity and support services.

When asked which program within the athletics department filed the complaint, Athletic Director Jim Moretti did not reveal the parties involved.

“We will not confirm who filed the complaint,” Moretti said in an E-mail to the Fiat Lux. “The complaint was filed by a group of anonymous parents, and while we might surmise what team the students play on, we do not want to identify the students in any way that might lead to them being singled out or targeted by others on campus who might be upset by the allegations or demands of the parents.”

When head coach of the women's softball program, Gino Olivieri, was asked about the investigation, he diverted all questions "in regards to title nine and the field" to Moretti and otherwise had no comment.

Moretti said the formal complaint was a shock to the athletic department.

“I had heard that some of the parents were unhappy with facilities for their daughters' sport prior to the original letter being sent in June 2008,” Moretti said. “But the formal complaint was a surprise.”

In the Nov. 24, 2008 issue of the Fiat Lux, the softball team expressed dissatisfaction with the absence of a NCAA regulation home field.

The article, titled "Lady Saxon softball team a hidden gem," also says that Moretti and the University plan to turn Tucker's practice field into a regulation softball field, but that can't occur until "we relocate the practice field, which is expected to be in 2010."

The Fiat Lux has a pending FOIA request for the official documented complaint.

Thomas Fleming contributed to this article.