Unveiling the Facts: MSU Title IX Investigators Team Up with University Lawyers – Insights from The State News

In Michigan State University (MSU), there’s a tricky balance between the roles of university lawyers and Title IX investigators. On one side, the Office of General Counsel aims to protect the university from legal risks. On the other side, the Office of Institutional Equity (OIE) investigates misconduct and ensures civil rights.

Documents obtained through a public records request show this line isn’t as clear as it seems. Investigators often communicate extensively with university lawyers right from the beginning of a case. They share evidence, drafts, and other details, leading some to question if the lawyers are pushing their influence into the investigations, which is supposed to remain independent.

Experts in Title IX cases believe this type of overreach happens more often than institutions admit. Nicole Bedera, a sociologist at the University of Michigan, points out that investigators are employed by the university they’re investigating, which affects their neutrality. They might see all parties involved as threats to the university, making it harder to maintain objectivity.

This issue isn’t new. In 2017, it came to light that MSU lawyers interfered in a Title IX investigation related to former doctor Larry Nassar’s abuse case, editing findings to reduce the university’s liability. Despite assurances that this practice had stopped, more recent communications suggest that collaboration between OIE and lawyers remains consistent, with many documents heavily redacted, making it difficult to determine the nature of their interactions.

In recent high-profile cases, like that of ex-football coach Mel Tucker, questions have also emerged about how much freedom outside investigators truly have when engaging with legal counsel. While the university claims to hire outside investigators due to conflicts of interest or capacity issues, these investigators often communicate closely with general counsel, complicating claims of independence.

Experts argue that collaboration is necessary for legal compliance, but how far that should go is murky. Joshua Engel, a Title IX lawyer, stresses that while legal advice can be helpful, if investigations receive direction from lawyers, it becomes inappropriate.

The Department of Education has flagged these issues in the past, marking a pattern of concern around how universities handle Title IX investigations. Critics argue that the influence of general counsel in these matters can hinder true accountability and victim support.

Looking ahead, MSU maintains that they are committed to minimizing unnecessary interference in investigations. They are following federal guidance, but the ongoing questions around their practices highlight a pressing need for transparency and reform in how universities handle Title IX cases.

For further insights, you can refer to the Department of Education’s Title IX policy guidelines.

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