Common use of Terms of the Agreement Clause in Contracts

Terms of the Agreement. To resolve the concerns identified in the Letter of Findings, the University will take effective steps designed to: prevent sex-based harassment in its education programs and activities, including clarifying its policies and procedures applicable to various types of sex-based 1 The Special Litigation Section (SPL) of the Civil Rights Division at the Department of Justice has conducted a related but separate investigation of the University’s Office of Public Safety (OPS) among other law enforcement entities. That investigation’s findings, which are based on independent assessments of compliance with the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141, and the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. § 3789d, are set out in a separate report and are not addressed in this letter; however, because OPS is covered by and must comply with the University’s Title IX obligations, OPS is referenced in this letter and required to participate in certain remedies required by the enclosed Agreement, such as training for first responders. To the extent that SPL’s findings regarding OPS under 42 U.S.C. § 14141 and 42 U.S.C. § 3789d also implicate Title IX in ways not addressed by the remedies in this Agreement, those findings will be addressed by any remedies sought from the University by SPL. harassment; fully investigate conduct that may constitute sex-based harassment; appropriately respond to all conduct that may constitute sex-based harassment; and mitigate the effects of sex- based harassment, including by eliminating any hostile environment that may arise from or contribute to sex-based harassment. The University also will obtain the services of a third-party consultant mutually agreed upon by the parties (the “Equity Consultant”) to consult with the University in its efforts to comply with the terms of this Agreement as outlined below. In turn, OCR will not initiate an enforcement action and DOJ will not initiate litigation regarding the United States’ Title IX and Title IV findings raised as of the date of this Agreement provided the University implements the provisions of this Agreement in good faith and subject to the terms in Section X below. As used in this Agreement, the term “sex-based harassment” includes both sexual harassment, including but not limited to sexual assault, and gender-based harassment. The term “sexual harassment” means unwelcome conduct of a sexual nature.2 The term “gender-based

Appears in 5 contracts

Samples: Resolution Agreement, Resolution Agreement, Resolution Agreement

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Terms of the Agreement. To resolve the concerns identified in the Letter of Findings, the University will take effective steps designed to: prevent sex-based harassment in its education programs and activities, including clarifying its policies and procedures applicable to various types of sex-based 1 The Special Litigation Section (SPL) of the Civil Rights Division at the Department of Justice has conducted a related but separate investigation of the University’s Office of Public Safety (OPS) among other law enforcement entities. That investigation’s findings, which are based on independent assessments of compliance with the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141, and the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. § 3789d, are set out in a separate report and are not addressed in this letter; however, because OPS is covered by and must comply with the University’s Title IX obligations, OPS is referenced in this letter and required to participate in certain remedies required by the enclosed Agreement, such as training for first responders. To the extent that SPL’s findings regarding OPS under 42 U.S.C. § 14141 and 42 U.S.C. § 3789d also implicate Title IX in ways not addressed by the remedies in this Agreement, those findings will be addressed by any remedies sought from the University by SPL. harassment; fully investigate conduct that may constitute sex-based harassment; appropriately respond to all conduct that may constitute sex-based harassment; and mitigate the effects of sex- based harassment, including by eliminating any hostile environment that may arise from or contribute to sex-based harassment. The University also will obtain the services of a third-party consultant mutually agreed upon by the parties (the “Equity Consultant”) to consult with the University in its efforts to comply with the terms of this Agreement as outlined below. In turn, OCR will not initiate an enforcement action and DOJ will not initiate litigation regarding the United States’ Title IX and Title IV findings raised as of the date of this Agreement provided the University implements the provisions of this Agreement in good faith and subject to the terms in Section X below. As used in this Agreement, the term “sex-based harassment” includes both sexual harassment, including but not limited to sexual assault, and gender-based harassment. The term “sexual harassment” means unwelcome conduct of a sexual nature.2 The term “gender-based.

Appears in 2 contracts

Samples: Resolution Agreement, Resolution Agreement

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Terms of the Agreement. To resolve the concerns identified in the Letter of Findings, the University will take effective steps designed to: prevent sex-based harassment in its education programs and activities, including clarifying its policies and procedures applicable to various types of sex-based 1 The Special Litigation Section (SPL) of the Civil Rights Division at the Department of Justice has conducted a related but separate investigation of the University’s Office of Public Safety (OPS) among other law enforcement entities. That investigation’s findings, which are based on independent assessments of compliance with the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141, and the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. § 3789d, are set out in a separate report and are not addressed in this letter; however, because OPS is covered by and must comply with the University’s Title IX obligations, OPS is referenced in this letter and required to participate in certain remedies required by the enclosed Agreement, such as training for first responders. To the extent that SPL’s findings regarding OPS under 42 U.S.C. § 14141 and 42 U.S.C. § 3789d also implicate Title IX in ways not addressed by the remedies in this Agreement, those findings will be addressed by any remedies sought from the University by SPL. harassment; fully investigate conduct that may constitute sex-based harassment; appropriately respond to all conduct that may constitute sex-based harassment; and mitigate the effects of sex- based harassment, including by eliminating any hostile environment that may arise from or contribute to sex-based harassment. The University also will obtain the services of a third-party consultant mutually agreed upon by the parties (the “Equity Consultant”) to consult with the University in its efforts to comply with the terms of this Agreement as outlined below. In turn, OCR will not initiate an enforcement action and DOJ will not initiate litigation regarding the United States’ Title IX and Title IV findings raised as of the date of this Agreement provided the University implements the provisions of this Agreement in good faith and subject to the terms in Section X below. As used in this Agreement, the term “sex-based harassment” includes both sexual harassment, including but not limited to sexual assault, and gender-based harassment. The term “sexual harassment” means unwelcome conduct of a sexual nature.2 The term “gender-basedsexual

Appears in 1 contract

Samples: Resolution Agreement

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