office of equal · the office of equal opportunity has experienced a constant increase in...

Office of EqualOpportunity: Data TrendAnalysis ReportThis is a comprehensive data report that analyzesthe data trends for multiple years of civil rightsand Title IX complaints and investigations that theOffice of Equal Opportunity has handledthroughout the years.

Created by: Rob Tafoya June 2019

OEODetailsThe UNM Office of EqualOpportunity investigates claims ofdiscrimination based on a protectedstatus, sexual harassment, andsexual misconduct. We also provideoversight of the University’scompliance with Tit le VII , Tit le IX,the Clery Act, ADAaccommodations, and affirmativeaction. We can provide training andeducation on al l of these issues. Weserve the entire UNM communityand work with offices acrosscampus to ensure the University’scommitment to promoting equalaccess and treatment for al l .

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Official Website http://oeo.unm.edu

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GeneralInformation AndSpecificTrendsBased upon the dataanalyzed for this report, theOffice of EqualOpportunity hasdetermined the followingtrends to be occurring:

The Office of Equal Opportunityhas experienced a constant increasein complaints each year, with thehighest increase occurring from2015 to 2016 when the officeexperienced a 165.9% increase inreports.

Takeaways The Office of Equal Opportunity continues to look for ways toimprove its services and promote a learning/working environmentthat is free of discrimination and harassment for all on campus.

In 2017, OEO began receiving anddocumenting al l al legations of hate-bias incidents and hate crimes inconjunction with UNMPD. OEOwill uti l ize this data to developclimate and civi l r ights training andidentify “hot-spots” where hate-bias incidents more frequentlyoccur.

In 2018, OEO updated UniversityAdministrative Policy 2720(Discrimination), 2740 (SexualMisconduct), and 3110 (ADAAccommodation) to reflect bestpractices and updated civi l r ightslaw. OEO also translated policies2720 and 2740 into Spanish,making the policies available toSpanish language speakers.

In 2017, OEO created deputy TitleIX Coordinators in Athletics,Human Resources, Provost’s Office,and Residence Life and StudentHousing and the Health SciencesCenter.

In 2018, OEO spearheaded andparticipated in several ADAinitiatives. OEO updated UniversityAdministrative Policy 3110(Accommodations for Faculty andStaff) and participated in thecreation of a Universal DesignPolicy (5320).

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Total Complaints Received:2014-2018

This graph depicts the overallnumber of complaintsreceived each year for theOffice of Equal Opportunity. The data is aggregatedfurther to indicate thenumber of formal/informalcases that were opened eachyear by the department.

Caseload Trends

Complaints Cases (Formal and Informal) Formal Investigations Informal Resolutions

147

32 32

185

8656

30

492

126

7848

659

101

57 44

731

138

74 64

0

100

200

300

400

500

600

700

800

2014 2015 2016 2017 2018

OEO has increased its usage of informal resolution for complaintsof discrimination and reports of hate-bias incidences. In caseswhere allegations are less severe or where a Complainant’s safety isnot at issue, OEO has utilized informal resolution methods.Informal resolutions are non-punitive ways of discussingallegations of discrimination or hate-bias incidences and educatingor dialoguing with the parties involved. Informal resolutionsinclude education conferences, facilitated dialogues, and othertraining and methods. OEO monitors the environment afterutilizing informal resolutions to ensure that climate has improvedand the alleged behavior has stopped. OEO has successfullypartnered with the Accessibility Resource Center, OMBUDS, andthe Division for Diversity, Equity and Inclusion in facilitateddialogues with parties. This partnership has proven to be verysuccessful in optimizing informal resolutions.

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Total Complaints Received by Month:2016-2018

The Office of Equal Opportunity experiences times of the year where its caseload increases on a regularbasis and other periods where the caseload decreases, relative to the months of the calendar year in whichthe reporting occurs in. The chart below depicts a monthly summation of the reports received by theOEO for each calendar year within the 2016-2018 date range.

Caseload Trends by Month

2016 2017 2018

11

53

44

24

59

39

5660

92

39

52

69

40

57

49

26

35

49

23

29

45 44

6568

61

55

63

51

88

70

64

71

92

53

35

51

0

10

20

30

40

50

60

70

80

90

100

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

Takeaways The months of March, April, May, August, September, October andNovember consistently remain the highest reporting months each year. The months of January, February, June, July and December tend to be themonths with the lowest amount of reports. OEO uses this data to analyzespikes in cases.

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Complaints by Type:2016-2018The following set of graphs depict the aggregate analysis of the total number of complaints received eachyear based upon the civil rights category/basis for the initial complaint.

TakeawaysSexual harassment andgender/sex based allegationsare the most frequentlyreported complaints receivedby the OEO.

2%Age

0%Ancestry

10%Disability

1%Gender Identity

15%Gender/Sex

1%Medical Condition

3%National Origin

15%Other/Non-Jurisdictional

2%Pregnancy

8%Race

2%Religion

1%Retaliation

38%Sexual Harassment

2%Sexual Orientation

0%Spousal Affiliation

0%Veteran Status

2%Age

0%Ancestry

3%Disability

1%Gender Identity

13%Gender/Sex

5%Medical Condition

3%National Origin


1%Pregnancy

6%Race

1%Religion

2%Retaliation




0%Veteran Status

2%Age

0%Ancestry

4%Disability

1%Gender Identity

15%Gender/Sex

6%Medical Condition

2%National Origin


1%Pregnancy

7%Race

1%Religion

2%Retaliation




0%Veteran Status

2016 2017 2018

Note data too small to display ongraphs: Ancestry = 0.2%Spousal Affiliation = 0.2%Veteran Status = 0.0%



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Complaints by Type:2016-2018

The following table details the total number of complaints received by the OEO which were previouslydepicted in the earlier charts.

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Cases (Formal and Informal) by Type:2016-2018

The following set of graphs depict the aggregate analysis of the total number of cases received each yearbased upon the civil rights category/basis for the initial complaint.

TakeawaysSexual harassmentconsistently accounts for over50% of all cases handled bythe OEO.

2%Age

0%Ancestry

4%Disability

1%Gender Identity

16%Gender/Sex

1%Medical Condition

3%National Origin


2%Pregnancy

7%Race

3%Religion

2%Retaliation




0%Veteran Status

3%Age

0%Ancestry

3%Disability

0%Gender Identity

11%Gender/Sex

5%Medical Condition

3%National Origin


1%Pregnancy

8%Race

1%Religion

6%Retaliation




0%Veteran Status

1%Age

0%Ancestry

7%Disability

0%Gender Identity

15%Gender/Sex

4%Medical Condition

3%National Origin


1%Pregnancy

5%Race

0%Religion

5%Retaliation




1%Veteran Status

2016 2017 2018


Note data too small to display ongraphs: Ancestry = 0.0%Gender Identity = 0.0%Other/Non-Jurisdictional = 0.0%Spousal Affiliation = 0.0%Veteran Status = 0.0%

Note data too small to display ongraphs: Ancestry = 0.0%Gender Identity = 0.0%Religion = 0.0%Spousal Affiliation = 0.0%Veteran Status = 0.7%

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Cases (Formal and Informal) by Type:2016-2018

The following table details the total number of cases received by the OEO which were previously depictedin the earlier charts.

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Formal Investigations by Outcome:2016-2018

The following set of graphs depict the aggregate analysis of the outcomes for all formal investigationsconducted each year by the Office of Equal Opportunity.

TakeawaysIn 2016, nearly 50% of all formalinvestigations resulted in No PolicyViolation findings.

2016 Formal Outcomes

Duplicate Case (2.56%)

No Policy Violation (48.72%)

Not Jurisdiction (10.26%)

Other Informal (2.56%)

Policy Violation (26.92%)

Withdrawn (8.97%)

2

38

8

2

21

7

10

Formal Investigations by Outcome:2016-2018 Cont.


TakeawaysIn 2017, the findings of No Policy Violationand Policy Violation were relatively similar:43.86% (NPV) and 38.60% (PV).





Withdrawn (5.26%)

225

822

37

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Formal Investigations by Outcome:2016-2018 Cont.


TakeawaysIn 2018, the OEO added new valuesto the EthicsPoint case managementsystem in order to better trackalternate outcomes of cases.


Insufficient (4.05%)


No Response from CP (1.35%)



RP Not Affiliated (2.70%)

See Related Case(s) (6.76%)

Withdrawn (5.41%)

In Process (21.62%)

25

1

1

3 17

2

5

4

16

*

* Final data will be calculated uponthe completion of all formalinvestigations initiated in 2018.

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Formal Investigations by RespondentAffiliation:2016-2018The Office of Equal Opportunity has jurisdiction over all complaints pertaining to students, staff andfaculty misconduct in regards to civil rights or Title IX based allegations. The charts below depict thestatistical breakdown of the affiliation of Respondents in all formal investigations conducted throughoutthe corresponding years.

TakeawaysThe majority of formalinvestigations conducted bythe OEO each year consist ofstudents as respondents.

17%Faculty

6%Other

28%Staff

49%Student

26%Faculty

7%Other

30%Staff

37%Student

28%Faculty

3%Other

23%Staff

46%Student

2016 2017 2018

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Respondent Demographics for FormalInvestigations with Policy Violations:2016-2018The Office of Equal Opportunityinvestigates all allegations of civilrights and sexual misconduct thatoccurs on campus. Respondents canconsist of: faculty, staff, student, andother non-affiliated persons (visitors,volunteers, etc). The chart belowdetails the breakdown of the 59 totalformal investigations that resulted inPolicy Violations from 2016-2018:

TakeawaysThe majority of formalinvestigations that resulted inpolicy violation findings consistedof students and White males.

The breakdown of the 59 cases that resulted in apolicy violation of finding from 2016-2018 isbroken down by gender in the chart below:

There were 59 total formal investigations thatresulted in Policy Violation findings from2016-2018. Out of these, the racialbreakdown of the Respondents is detailedbelow:

Asian (5.08%) Black (10.17%) Hispanic (30.51%)

Native American (5.08%) White (49.15%)

3

6

18

3

29

Female (3.39%) Male (96.61%)

257

Faculty (13.56%) Other (3.39%) Staff (25.42%)

Student (57.63%)

8

215

34

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Respondent Demographics for FormalInvestigations with Policy Violations:2016-2018 Cont.

The breakdown of the 59 formalinvestigations that were found inviolation of UNM Policy from 2016-2018 is broken down by athletic statusin the chart below:

TakeawaysThe majority of formal investigations thatresulted in policy violation findingsconsisted of individuals who were notaffiliated with Athletics or Greek Life.

The breakdown of the 59 formalinvestigations that were found inviolation of UNM Policy from 2016-2018is broken down by Greek Life status in thechart below:

Athlete (10.17%) Non-athlete (89.83%)

6

53

Greek (1.69%) Non-Greek (98.31%)

158

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Appeals of Formal Investigations:2016-2018The Office of Equal Opportunity allows parties involved in any formal investigation the opportunity fordue process and the right to appeal an investigation by notifying the President's Office of the Board ofRegents accordingly. The President will consider an appeal of a final OEO determination only if the appealalleges one or more of the following extraordinary circumstances: 1. Proper procedure has not been followed. If an appeal states this as its basis, the specific procedure thatwas allegedly not followed should be identified and a description of how that procedure was not followedshould be provided.2. The determination is unsupported by the facts. If an appeal states this as its basis, the specificallegations of fact and specific conclusions that the appealing party wishes to dispute should be identified,and the appealing party should describe how the conclusions being challenged are not supported by theidentified facts.3. The decision violates University policy. If an appeal alleges this as its basis, the specific policy that wasallegedly violated by the decision should be identified, and a description of how that policy was allegedlyviolated should be provided. The following chart reflects the number of appeals for formal investigations based upon the year the casewas closed in.

Denied President Denied Regents Overturned President Overturned Regents Upheld President Upheld Regents

1

2

1

3

1

1

3

1

1

2

2

7

0

5

10

15

2016 2017 2018

*Denied = declined to accept appeal from party

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Title IX Complaints by Category:2016-2018

The following set of graphs depict the aggregate analysis of the total number of Title IXcomplaints received each year based upon the specific subcategory of Title IX basis associated with theinitial report.

TakeawaysSexual harassment and sexualassault consistently remainthe most reported Title IXcategories received by theOEO.

2016 2017 2018

Note data too small to display ongraphs: Hostile Environment = 0.4%Retaliation = 0.0%

18%Dating/Int. Partner Violence

1%Differential Treatment

1%Failure to Accom. Pregnancy

0%Hostile Environment Gender/Sex

0%Retaliatioin

25%Sexual Assault

1%Sexual Exploitation


10%Stalking





1%Retaliatioin

20%Sexual Assault



8%Stalking





2%Retaliatioin

21%Sexual Assault



7%Stalking

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Title IX Complaints by Category:2016-2018

The following table details the aggregate analysis of the total number of Title IX complaints received eachyear based upon the specific subcategory of Title IX basis associated with the initial report. In 2016 therewere 226 total Title IX complaints, 2017 had 352 total Title IX complaints, and 2018 had 428 total TitleIX complaints.

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Total Complaints Received:2014-2019

This graph depicts the overallnumber of complaintsreceived each year for theOffice of Equal Opportunity. The data is aggregatedfurther to indicate thenumber of formal/informalcases that were opened eachyear by the department. Thisgraph includes the caseloadfor 2019 as of June 3, 2019.

Caseload Trends

Complaints Cases (Formal and Informal) Formal Investigations Informal Resolutions

147

32 32

185

8656

30

492

126

7848

659

101

57 44

731

138

74 64

361

7141 30

0

100

200

300

400

500

600

700

800

2014 2015 2016 2017 2018 2019

OEO has increased its usage of informal resolution for complaintsof discrimination and reports of hate-bias incidences. In caseswhere allegations are less severe or where a Complainant’s safety isnot at issue, OEO has utilized informal resolution methods.Informal resolutions are non-punitive ways of discussingallegations of discrimination or hate-bias incidences and educatingor dialoguing with the parties involved. Informal resolutionsinclude education conferences, facilitated dialogues, and othertraining and methods. OEO monitors the environment afterutilizing informal resolutions to ensure that climate has improvedand the alleged behavior has stopped. OEO has successfullypartnered with the Accessibility Resource Center, OMBUDS, andthe Division for Diversity, Equity and Inclusion in facilitateddialogues with parties. This partnership has proven to be verysuccessful in optimizing informal resolutions.

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Title IX Complaints by Category:2019

The following set of graphs depict the aggregate analysis of the total number of Title IXcomplaints received for 2019 as of June 3, 2019 based upon the specific subcategory of Title IX basisassociated with the initial report.

TakeawaysOut of the 191 Title IXcomplaint received so far in2019, 37% are pertaining tosexual harassment.

Dating/IPV

Differential Treatment

FTA Pregnancy

Hostile Environ. Gende..

Retaliation

Sexual Assault

Sexual Exploitation

Sexual Harassment

Stalking

24

10

1

27

5

31

1

71

21

For any questions,please contact the

OEO at:505-277-5251

[email protected]

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