Public university systems with schools in the nation's five major athletic conferences paid out more than $10.5 million in settlements related to sexual-harassment claims in 2016 and '17, according to a Wall Street Journal review of recent settlements, gathered mainly through public-records requests.The 59 settlements in the Journal review come from 22 universities and university systems, including all campuses in the Texas A&M and University of California systems, the University of Colorado and the University of Missouri. They include settlements for allegations by or against students, faculty and staff.
Most of the settlements were with people who claimed the universities, including the University of Minnesota and the University of Washington, didn't properly respond to accusations of misconduct or didn't hand down appropriate punishment once policy violations were determined. Those accused of wrongdoing have also taken issue with the investigations or their outcomes at schools including the Georgia Institute of Technology and Arizona State University.
A University of Minnesota spokesman said that at times, "the use of settlements to acknowledge wrongs and attempt to heal wounds is entirely appropriate," and noted that the school has strengthened its policies in recent years. A University of Washington spokesman said the school takes complaints of sexual harassment seriously and discusses lessons learned to maintain a safe environment for students, faculty and staff. A spokeswoman for Georgia Tech and spokesman for Arizona State declined to comment.
A handful of settlements reviewed by the Journal appeared designed to create quiet exits for faculty members or administrators after accusations of misconduct. Revoking tenure is a burdensome process, and lawyers say schools want to avoid yearslong disciplinary proceedings that would likely end in litigation anyway. So, as in cases at the University of Michigan, Washington State University and the University of Kentucky, they settle, in exchange for an early retirement or resignation.
"All the economic calculus points to, ‘Let's just get this case settled. Let's get it resolved and move on,' " said Scott Schneider, head of the higher-education practice group at law firm Fisher Phillips and a law professor at Tulane University.
A University of Michigan spokesman said its response to allegations of sexual harassment is always tailored to specific situations. A Washington State spokesman didn't respond to request for comment. A spokeswoman from the University of Kentucky said the school had determined the professor with whom it settled in 2016 violated its policy regarding sexual assault. "Rather that face a hearing under the University's sexual assault procedures and, if found guilty, face faculty termination proceedings," she said, the professor offered to resign.