Sexual assault at MSU

 This story has been updated to clarify information.

WEDNESDAY, SEPT. 2 — The U.S. Department of Education Office of Civil Rights has found Michigan State University failed to handle two allegations of sexual assault properly. As a result, the university has entered into an agreement with the federal agent which will tighten policies, require a thorough review of past allegations and could result in payouts to the victims in the two identified cases.

MSU released the consent agreement with the Department of Education yesterday, but it did not release the full final report on the complaints. Federal authorities have been investigating the atmosphere on campus publicly since February 2014.

The Title IX investigation links back to an alleged rape that occurred in a dorm room late on the night of Aug. 29, 2010, and into the early morning hours. The female victim told MSU police it was two athletes who were freshmen at the time. Both have since graduated.

Ingham County Prosecutor Stuart Dunnings III declined to bring charges against the two men in 2010.

The woman, who was also a student, took a Title IX complaint to the Office for Civil Rights in summer 2011, sources said. The Office of Civil Rights is leading the investigation.

The administration sources say that while the MSU investigation was triggered by the victim’s Title IX federal complaint, during the initial investigation, Office of Civil Rights officials identified additional cases at MSU.

The sources spoke on the condition of anonymity because they are not authorized to speak to the media on this case or the investigation.

The federal investigation found that MSU delayed processing complaints in two alleged sexual assaults, including the one involving the student athletes.

“The letters to Student A and Student B will acknowledge the University’s delay in processing their complaints, and will provide them with a written notice of the outcome regarding their complaints, including steps taken by the University and the results of any appeals,” the consent agreement ordered MSU. The order also requires the university to offer to pay the students for lost classes, allow them to retake such classes, provide for counseling services and other remedies.

The consent agreement also orders the university to develop a new policy that prohibits accuser and accused in sexual harassment and sexual assault related cases from directly questioning each other during judicial hearings. That particular issue allowed one accused MSU student to challenge a expulsion order related to his alleged sexual assault behavior in Circuit Court last year. That challenge resulted in a temporary restraining order that allowed him to complete his semester at MSU and transfer to the University of Michigan.

This story has been amended to clarify a decision by an MSU female student to file a Title IX after the Ingham County prosecutor declined to press charges. It is unclear whether the woman filed the complaint because of Dunning's decision.