USC failed to protect its students from sexual harassment endured by the school’s former gynecologist, Dr. George Tyndall, according to a report from the U.S. Department of Education. USC is now required to make adjustments to its Title IX procedures.
The university had formerly been notified of possible sexual harassment by multiple students since at least 2000, but did not effectively and promptly respond to the situation, according to findings from the Office for Civil Rights (OCR).
Complaints not only came from students, but from medical chaperones who were excluded from observing examinations.
"This total and complete failure to protect students is heartbreaking and inexcusable," said U.S. Secretary of Education Betsey DeVos.
Multiple patients reported that Tyndall photographed women’s genitals, administered pelvic examinations without gloves and made inappropriate and suggestive comments about the physical appearances of patients’ bodies.
In 2016, the university uncovered approximately 200 photographs of patients’ genitals in Tyndall’s office, yet neglected to investigate whether the possession of these photos was considered sexual harassment, according to a press release from the Department of Education.
The OCR also found through direct investigations that the university did not properly investigate complaints of possible misconduct by five patients from 2000 to 2009.
The university took no further steps to locate the remaining photographs of patients, which Tyndall admitted he took from 1989 to 2010, and allowed the gynecologist to see patients for a day and a half after it discovered the photos.
The university office responsible for overseeing Title IX, the Office of Equity and Diversity, violated regulations after failing to administer an investigation after three more complaints were brought up in 2010, 2013 and 2016, according to the report.
The report said USC’s failure to investigate these complaints may have allowed for female students to be subjected to Tyndall’s sex discrimination.
“What we have found at USC is shocking and reprehensible. No student should ever have to face the disgusting behavior that USC students had to deal with,” said Kenneth L. Marcus, the education department’s assistant secretary for civil rights.
To ensure that these types of circumstances are prevented in the future, DeVos is ordering USC to conduct a formal review on all employees, current and former, to establish whether they acted accordingly to notices of possible sex discrimination.
DeVos is also requiring that the university submit to three years of OCR monitoring.
Carol Folt and USC’s Board of Trustees Chair Rick Caruso agreed to abide by the changes DeVos required, according to a signed resolution released by the OCR.
“We share OCR’s mission to foster a campus environment free from discrimination and harassment. There is no higher priority for me than protecting the health, safety and well-being of our students, faculty, staff and patients,” President Carol Folt said in a news release.
USC announced it has reached a resolution agreement with OCR to ensure that the university will reform its processes and policies for responding and preventing sexual harassment.
This agreement officially closes the OCR’s 21-month investigation into the university’s response to complaints of sexual abuse against Dr. George Tyndall.
“OCR’s conclusions align with my personal resolve to strengthen USC policies, procedures and practices to promote patient well-being and prevent future misconduct,” President Folt said. “The university is confronting its past and implementing changes necessary to inform its future.”
The agreement includes appointing a Deputy Title IX Coordinator and Health Care Title IX Investigators within Keck Medicine to ensure support systems are accessible and visible to patients, as well as maintaining complete and accurate data record keeping to ensure all sexual and gender-based harassment is investigated appropriately and quickly.
All supervisory employees are required to review current files to ensure all known misdemeanors have been disclosed to the Title IX office. Written policies also must be revised to address OCR’s concerns with USC’s response to complaints about Tyndall, according to the agreement.
USC acknowledged this investigation has helped the university by illuminating ways in which they can enhance record keeping and internal communication to better track and resolve complaints.
On February 21, the judge presiding on Tyndalls case approved a $215 million for victims of his abuse. Payouts will be between $2,500 and $250,000 for each former patient.