Update on Employee Misconduct and Policy Review

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Dear Mason Community,

I am writing to update you on the results of the external review conducted in response to accusations of sexual misconduct by a former Scalia Law School faculty member. In September 2023, the university retained the law firm of Morgan, Lewis, & Bockius LLP (“Morgan Lewis”) to conduct an independent assessment of (1) the climate and culture at the Antonin Scalia Law School (the “Law School”) as it relates to sexual misconduct, sexual harassment, and relationships involving imbalances of power and the reporting of alleged sexual misconduct or harassment or any such relationships, (2) how complaints about these issues arising at the Law School have been handled by central University offices and the Law School, and (3) the systems, policies, procedures, and resources the university has to address concerns about sexual misconduct, sexual harassment and relationships involving imbalances of power. 

The assessment included voluntary interviews of current and former law students, current and former Law School faculty and administrators, current and former University personnel in the then named Office for Diversity, Equity, and Inclusion[1] (which includes the Title IX compliance function) and Human Resources Employee Relations, and key University administrators relevant to the subject matter. Approximately 100 interviews were conducted.

Morgan Lewis has shared the results of their review with the university. The university has carefully considered the information Morgan Lewis shared with it and has already taken a number of steps in response to the information. While ongoing litigation prevented us from commenting publicly about these matters until recently, it is now possible and appropriate to share with the Mason community the key take-aways from the review and the steps Mason has taken and will take to continue to maintain a safe, welcoming community for the entire Mason community.

Key Take-aways

Law School

  • Interviewed, students, alumni, and faculty generally shared that the overall culture and intellectual environment at the Law School is positive and that it brings important ideological diversity to Mason.
  • A majority of students interviewed reported generally positive and professional relationships with the Law School faculty.
  • Morgan Lewis found no evidence of wide-spread knowledge or awareness at the Law School of Joshua Wright or any other faculty member having romantic relationships with students. Some students shared that they had heard rumors regarding Mr. Wright, with some describing it as an “open secret.” However, other than those with direct personal involvement with Mr. Wright, students and faculty denied having any first-hand knowledge of romantic relationships between Law School faculty and students. 
  • Both Law School faculty and students who were interviewed were largely unsure about how to use the university’s services and resources for reporting and receiving support related to allegations of sexual misconduct. Law School faculty interviewed generally said that they would report any such issues to Law School administration.
  • Law School Associate Deans interviewed were aware of their obligations to escalate any reports of sexual misconduct to the university Title IX Office and do so when they receive such reports. Members of the Law School administration expressed their view that historically there was not sufficient follow-up and information sharing from the Title IX Office to Law School administration after the reports were escalated.
  • Some Law School faculty and students who were interviewed expressed uncertainty and questions about Mason’s revised policy prohibiting relationships between students and employees (University Policy 1204).
  • Faculty interviewed had recommendations for how to improve the university’s Title IX training, including making it more interactive and addressing and providing guidance through specific examples.
  • Some of the students interviewed expressed concern about how some faculty approached topics related to sex in class. Likewise, some faculty expressed a desire for more guidance about how to approach topics that may be sensitive for students (including topics of a sexual nature) that are necessary parts of the law school curriculum.

Relationship between Law School and Fairfax Campus

  • Many Law School faculty members who were interviewed shared their perception that there has been a contentious relationship between the Law School and the university’s Fairfax Campus, which can impact the ways in which Law School and central University personnel interact on certain issues. 
  • Law school administration interviewed also thought there could be improved working relationship with central University offices.
  • There historically has not been a regular Title IX Office or Employee Relations presence at the Mason Square campus – or other strong connection to the Law School – as a resource for students and employees to learn about the services these offices provide and/or to advise Law School Administration on issues involving alleged misconduct when they arise. However, beginning in the 2023-2024 academic year, a team member from the Equity and Access Services unit within the Office of Access, Compliance and Community works from the Mason Square campus two days per week and an Employee Relations consultant is regularly working from the Mason Square campus.

University Systems, Policies, Procedures, and Trainings

  • The university has in place policies to address sexual misconduct, sexual harassment, and relationships involving imbalances of power that generally are consistent with typical policies on these subjects. The university also has a process for periodically reviewing its policies and has made updates to those policies based upon developments in the legal landscape (particularly involving Title IX) and when situations arose suggesting a policy could be clarified or enhanced.
  • The relevant prohibited sexual misconduct and harassment policies themselves and the university’s Office of Access, Compliance and Community webpage contain detailed information about prohibited conduct and the various ways in which an individual can report concerns about prohibited sexual misconduct and harassment conduct under Title IX or University Policy 1202. However, this information had not been easy to locate through the Law School’s internet home page. 
  • University Policy 1204, “Prohibited Relationships with Students” was revised in August 2023 to broaden and clarify the prohibition on relationships between employees and students. 
  • The university has (and has had) both mandatory and voluntary training programs on its policies addressing issues relevant to sexual misconduct, sexual harassment, and relationships involving imbalances of power that generally are consistent with what one typically would expect of trainings on these subjects, including providing information on where individuals can report concerns about potential violations of the policies. 

Historical High Personnel Turnover and Other Challenges in the Title IX Office

  • Historically, the university’s Title IX-focused personnel and the leadership of the Title IX Office have turned over frequently, with at least five Title IX coordinators for the university since 2015. Lower staffing levels have created challenges in timely handling office workload, providing case status updates, and retention of institutional knowledge on Title IX-related matters.
  • The University initiated a process to improve and upgrade its Title IX Office that started with the hiring of the current Vice President of Office of Access, Compliance and Community. The university's handling of reports has improved over the last 2 years under the leadership of the university's Current Title IX coordinator, including the report intake process and record keeping.

University's Handling of Misconduct Allegations

  • Historically, the university did not have clear protocols for how to handle reports of misconduct that implicated multiple University policies and that this has led to delays in determining how to, and which office would, handle such reports. While there were delays while this was determined, ultimately the alleged misconduct was investigated.
  • Better communication and collaboration are needed between Law School administration and Employee Relations and the Title IX Office regarding the handling of misconduct allegations involving the Law School. 
  • There is uncertainty about the roles, responsibilities, and process for implementing interim measures while an investigation is ongoing. 
  • Over the last several years, the Office of Access, Compliance and Community and Employee Relations have made major efforts to collaborate on and share information with respect to matters involving sexual conduct, sexual harassment, and other conduct of a sexualized nature. 

University Actions Taken and Underway

  • As noted above, the university has already revised and updated Policy 1204 “Prohibited Relationships with Students.” All employees are required to complete mandatory training on this policy. Information about Policy 1204 has also been added to other trainings conducted by the Title IX and Equal Employment Office. The Policy will be updated to make clear how individuals can report alleged violations, and this information will continue to be provided in the mandatory training.
  • The university has made significant strides to upgrade and support the Title IX Office. This has included the addition of new staff, a stronger connection to university leadership and updated training. 
  • University offices responsible for handling allegations of misconduct by employees meet monthly to share information and collaborate on matters. These offices are exploring ways to improve collaboration and information sharing and how best to handle reports of misconduct that implicate multiple policies. 
  • The Title IX Office has taken steps to make it easier for individuals to submit reports and formal complaints of alleged misconduct. The Title IX Office is also working on revising the procedures for Title IX cases to make them easier to read and more accessible.
  • The Law School’s internet home page has been updated with a link to the Title IX Office. 
  • The university is developing protocols for determining and imposing interim measures on employees during the pendency of an investigation.
  • Employee Relations and the Office for Access, Compliance and Community (OACC) have established a physical presence at the Mason Square campus. These offices will continue to look for opportunities to be more present at campuses other than the Fairfax campus, including conducting more office hours, trainings, and information sessions at these locations.
  • The Law School dean will be a leader in building relationships between Law School faculty and students and central offices such as Title IX and Employee Relations and in promoting faculty and student awareness of policies related to sexual misconduct and prohibited relationships and how to report alleged violations of these policies. 
  • Law School leadership, the Title IX Office, and Employee Relations will collaborate to conduct additional trainings for Law School students and employees to promote knowledge and awareness of policies related to sexual misconduct and prohibited relationships and how to report alleged violations of these policies. 
  • The Provost’s Office, the Title IX Office, Employee Relations, and Law School administration will collaborate to provide additional training to law school faculty regarding addressing sensitive topics in classes, as requested by law school faculty who were interviewed. As part of this effort, the university will look for ways to leverage existing resources, such as the Stearn’s Center for Teaching and Learning, to assist faculty.
  • University and Law School leadership will look for opportunities to create better cohesion and collaboration between the Law School and the Fairfax Campus for students, faculty, and administration.

Thank you to everyone who participated in the review. 

Sincerely,

Gregory Washington

President


[1] Effective February 28, 2025, this office changed its name to Office of Access, Compliance and Community (OACC) to reaffirm George Mason’s commitment to access for all, fostering a safe, welcoming, and respectful environment where everyone can thrive, and developing meaningful relationships within and beyond the university.