Audit finds numerous weaknesses in Michigan State Title IX process; 2021 report recertified by school

EAST LANSING — Michigan State University’s embattled president has recertified that the school’s Title IX reports for 2021 were correctly reviewed according to state law and did the same for the 2022 reports, but an audit identified numerous concerns with the university’s review process.

The MSU Board of Trustees released a statement Friday confirming that MSU President Samuel Stanley Jr. had recertified to the state that the mandated Title IX review requirements were met for 2021. He also completed the 2022 certification.

“Recently, the Board became aware of concerns regarding the reliability of the university’s prior 2021 Title IX certification,” according to the statement. “In response to these concerns and to address concerns raised by the Board about the certification process generally, the university’s Office of Audit, Risk, and Compliance conducted a review of the Title IX certification process.”

State law requires that every university president and at least one member of the university’s governing board, the MSU Board of Trustees in this case, review every Title IX report that involves alleged sexual misconduct involving a university employee. The president must certify that the review requirements are met. Schools that fail to meet the state requirement risk a 10% cut in state funding.

Concerns with the Title IX review process reportedly were a significant factor that led some trustees to attempt to oust Stanley. The president has defended himself against claims he mishandled those reports, saying it was actually unnamed trustees who “may not have actually complied” with their responsibilities under the state requirement.

Trustees shared a copy of an audit conducted by MSU Chief Audit, Risk and Compliance Officer Marilyn Tarrant, dated Sept. 13, that listed a dozen “process weaknesses,” along with recommendations to address those concerns about the Title IX report review process.

Among the process weaknesses identified are:

• A lack of a comprehensive process workflow policy to ensure consistency in reviewing Title IX reports and satisfying the mandated review requirements.

• “Inconsistent, incomplete, and unclear” messaging, including repeated changes in the individuals responsible for distributing emails for the Office for Civil Rights Title IX trustee review process.

• In some cases, Title IX files attached to emails had numerous documents, such as investigative reports and decision documentation, related to a specific case number. There were no instructions provided indicating whether all files needed to be reviewed nor directions on how to document multiple case documents on the certification form.

• Inaccurate information in the certification form provided to trustees. It appears to state that the Certificate of Review they sign may be provided to the state of Michigan.

• Some emails did not indicate where completed forms should be sent.

• The Office for Civil Rights keeps a spreadsheet tracking Title IX reports, but no follow-up was seen until June 15 in a sentence buried at the end of a routine email.

• Certification forms were sent with no case numbers detailed on the form and the semester was not always included.

• Cases divided among the Audit, Risk and Compliance Committee, which is the trustees’ committee responsible for reviewing Title IX reports, “may be voluminous.”

• According to the report, one trustee verbally stated they had reviewed the reports, but did not follow established procedures that require written confirmation. That trustee said they were not part of the process workflow and does not receive the case files. The certification confirmation by a second trustee, who is not on the Audit Risk and Compliance Committee, is under review because it was unclear what they reviewed.

• In the 2022 state certification, the collection of completed certification forms shows that 13 cases may not have been reviewed or the certification form may not have been completed.

The report lists a dozen recommended actions to improve the review process, including:

• Documenting the review process in a policy.

• Simplifying the review process to allow individual trustees to receive emails each semester with their assigned cases to review and a certification form that already includes their name, the semester and the associated cases.

• For cases that include closed documents, like investigative reports and decisions, clearly acknowledge what trustees should be reviewing and documenting on the certification form.

• Review the certification form to ensure consistency and accuracy.

• Returning the certification form should include a consistent and dedicated email mailbox. If using a portal, an online electronic certification form could be used.

• Strengthen the oversight process to ensure certification forms are returned timely and provide gentle reminders when indicated.

• Include detailed information on the certification form to streamline the certification process.

• Provide annual refresher training to the trustees regarding the process. Clarify the definition of "review" versus "read."

• Consider including all, or more, trustees in the review process to reduce the burden on the Audit, Risk and Compliance Committee members.

• Allow trustees the opportunity to present questions regarding reports and decisions and offer suggestions regarding changes in policy and processes.

• Review the prior academic year to assure that all cases distributed were certified on the certification form.

Reported Title IX concerns prompt trustees' attempt to oust Stanley

Stanley's contract expires in 2024, but trustees have offered him the chance to retire early. Contract discussions between Stanley and trustees have been ongoing and he remained MSU's president Friday.

Prior to the release of the Title IX audit, Stanley faced allegations that he may have falsely certified Title IX reports. According to the Detroit Free Press, those who pushed for Stanley's departure claimed he signed off on the certification without proof that all documents had been reviewed by a board member.

Additional efforts to have Stanley removed are reportedly connected to the Title IX-related departure of former Broad College of Business Dean Sanjay Gupta.

Gupta was forced to resign on Aug. 12 after he was accused of failing to report claims that a leader in the Broad College of Business got drunk at the Gatzby Gala, a party for MBA students, on April 22 at The Studio at 414 in Lansing and inappropriately touched at least one student while also dancing in a sexually suggestive manner, Crain’s Detroit Business reported.

Gupta has defended himself and welcomed investigations into the matter.

The Board of Trustees hired legal counsel to investigate how the administration handled Gupta’s departure.

Efforts to oust Stanley and lack of transparency from trustees and the university have drawn heavy criticism from faculty and students.

A group of survivors of Larry Nassar, the former MSU doctor and convicted sex offender who sexually abused hundreds of women and girls under the guise of medical treatment, called for an investigation into MSU's Title IX concerns.

"If there are shortcomings, the university needs a new leader who will make sure that all matters of sexual violence in the campus community are addressed, fully and quickly," according to the Sept. 16 letter signed by 27 survivors and eight parents of survivors. "Some board members know all too well, and others should know, that this university needs careful scrutiny of any sexual violence. The university needs leaders who will take Title IX and sexual assault as seriously as if they were survivors."

Trinea Gonczar, a Nassar survivor, issued her own statement on Sept. 20. She apologized to Stanley for the actions of the board.

"In lieu of the recent events, I wanted to offer my heartfelt apology due to the actions and behavior of the Board of Trustees, as they continue to favor their own agendas of power and control into the way the University 'enforces' policies and procedures of sexual violence on campus," she wrote.

Rachael Denhollander, the first woman to accuse Nassar, said the Board of Trustees has been the biggest concern.

"And to be clear — the problem here is the MSU Board," she wrote in a Tweet on Sept. 17. "They are standing against reform that Stanley tried to make, refusing accountability and transparency, wanting to sidestep ethical requirements, the same patterns we had with Nassar.

"The MSU Board is corrupt," she said.

Trustees hired Stanley in 2019 after Nassar was sentenced to prison terms in federal court and in Ingham and Eaton county circuit courts. He is serving an effective life sentence.

Stanley became MSU's first permanent president since Lou Anna Simon stepped down in January 2018 amid criticism of how the school handled complaints against Nassar. Former Michigan Governor John Engler was appointed interim president but resigned in January 2019 after he was widely criticized for making insensitive comments against Nassar survivors.

Contact Mark Johnson at 517-377-1026 or at majohnson2@lsj.com. Follow him on Twitter at @ByMarkJohnson.

This article originally appeared on Lansing State Journal: Audit finds weaknesses in Michigan State's Title IX review process