UNITED STATES DEPARTMENT OF EDUCATION
OFFICE FOR CIVIL RIGHTS, REGION XV

 

 350 EUCLID avenue. SUITE 325 5533*?
CLEVELAND, on 44:15 mm,
February 24, 2014

Via E-mail
Mr. Douglas Smith

Re: OCR Docket #15-l3?2214
Dear Mr. Smith:

On August 16, 2013, the US. Department of Education?s Of?ce for Civil Rights (OCR)
received the complaint you ?led against the University of Michigan (the University),
alleging discrimination based on sex. Specifically, you alleged that the University failed
to and equitably respond to an alleged 2009 rape of a female student involving
two football players at the Ann Arbor campus. You stated that the University has refused
to investigate the case. Recent media reports indicate that one of the students was
expelled from the University in December 2013. You also raised concerns that the
University?s Title IX grievance procedure does not ?Jlly comply with Title IX.

OCR is responsible for enforcing Title IX of the Education Amendments of 1972, 20
U.S.C. l681 erseq., and its implementing regulation, 34 C.F.R. Part 106. Title IX
prohibits discrimination on the basis of sex in education programs and activities operated
by recipients of Federal ?nancial assistance. As a recipient of Federal ?nancial
assistance from the U.S. Department of Education, the University is subject to Title IX.

OCR has determined it is appropriate to proceed to investigation on the following issue:
that the University failed to and equitably respond to complaints, reports, andior
incidents of sexual violence of which it had notice, and, as a result, students were
subjected to a sexually hostile environment. Please note, however, that OCR is
investigating the same issue in a separate complaint ?led against the University (OCR
Docket No. 15-14-21 1 l) and your complaint will be consolidated with that complaint
under that docket number. As part of that investigation, OCR will review the University?s
Title IX grievance procedure, including how it is being implemented in sexual
harassment, including sexual violence, cases.

Tin: Department rJEiinmiiun mission is to prmnoie .s?inrieni achievement and pi'eprimiionjbr gioimi competitiveness
excciience and ensuring crpmi access:
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Page 2 Mr. Douglas Smith

  

Should ion have any questions, please contact Gayle Horwitz, OCR attorney, at-

Pleasc refer to OCR Docket No. 1544-211 1 when contacting OCR.

Sincerely,

73,,

Donald S. Yarab
Team Leader