STATES DEPARTMENT (1F EDUCATION OFFICE FOR CIVIL RIGHTS DIVISION. CHICAGO OFFICE CENTER 500 MADISON SUITE I475 CHJCAGU. ILLINOIS ?tl??l 312-?3tl-l?ol?l ?ii-SZI?ll T2 FAX: April 6. 20m Non Responsive Re: 05?16?12 1 34 (new) and #0544204? Non Responsive Deal This letter is to notify you that the U.S. Department of Education (Department). Of?ce for Civil Rights (OCR) has evaluated your complaint ?led with OCR on February 3. 2016. against Knox College {College}. alleging discrimination on the basis ot?sex and retaliation. We conducted the evaluation in accordance with Case Processing Manual to determine whether to open the complaint for investigation. We have determined that we have the authority to investigate the complaint. I'Iereinat'ter. you will he referred to as Student Q. Speci?cally. the Complaint alleges that the College during the 2015-16 school year: Discriminated against Student 0 based on sex when it failed to afford her a prompt and equitable grievance procedure to address her allegation ol?sexual assault. Its.) Sub'eeted Student to retaliation INOH Specifically. the complaint alleges that the College retaliated against her when: a. The College's Title IX Coordinator (Coordinator) treated Student with hostility during Student Q?s Title IX grievance process. Specifically, the complaint alleges the Coordinator engaged in the 'lbllowing actions: 1. Non Responsive Non Responsive Department ni'Eriucmimi is mission is pronmic .sriiriem achici'umcm and pi'qairririwifor girdle! in- fomerng minc-arimmi and ensuring equal access. Non Responsive Page 2 on iv. Non Responsive OCR is responsible for enforcing Title IX oftlie Education Amendments of 1972 (Title IX), 20 U.S.C. 1681-1688, and its implementing regulation, 34 C.F.R. Part [06, which prohibit discrimination on the basis ofsex in any education program or activity operated by a recipient of Federal financial assistance. Title IX also prohibits retaliation for certain activities protected by Title IX. As a recipient of Federal financial assistance from the Department, the College is subject to Title IX. Therefore. OCR has jurisdiction over this complaint. Additional information about the laws OCR is available on our website at Allegation #1 (Grievance Procedure} With respect to Allegation on December 3, 2013, OCR received a complaint against the College (OCR docket #05?14?2047), that raised a substantially identical allegation as contained in the instant complaint. Under the CPM, complaints tiled by more than one person that raise substantially identical allegations against the same recipient may be treated as one complaint and assigned one case number or, if received later, incorporated into an existing complaint. OCR has determined that it will incorporate Allegation #1 into the existing investigation docket #05-14-2047. Allegation H2 (Retaliation) Section 108(a) ofthe CPM provides that OCR will close a complaint allegation if the allegation, on its face or as clari?ed, fails to state a violation of one of the laws OCR To state a claim of retaliation, a primafber?e case of retaliation must ?rst be established. To establish a ,oriniafac'i'e case of retaliation. the complainant must present facts that, iftrue, establish that (1) an individual engaged in an activity protected by a statute OCR enforces; (2) the recipient know of this activity; (3) the recipient took an adverse action directed toward the complainant contemporaneous with or subsequent to the protected activity; and a causal connection between the protected activity and the adverse action can be inferred. An adverse action is one that signi?cantly disadvantages a person, or that could reasonably deter or preclude the person from engaging in further protected activities. Minor slights, annoyances or inconveniences are not suf?cient to constitute adverse actions. If a primafncie case is established, then OCR will consider whether the recipient has a legitimate, non?retaliatory justification for its action and whether the justi?cation is a pretext for retaliation. Non Responsive Page 3 With respect to Allegation OCR determined you engaged in activities protected by Title IX when you engaged in Title lX?reiated advocacy, and that College administrators knew of this activity. Thus the ?rst two elements ot?a pn?mafc'tet?c case ot'rctaliation are established. l-lowever. 0C has determined that certain facts you presented, even if true, do not state a claim ot?retaliation. You allege that the Coordinator retaliated against you for your student advocacy relating to Title on campus by engaging in various acts. OCR determined that with respect to Allegation the actions you described as adverse, even if true. did not signi?cantly disadvantage you. nor could they reasonably have precluded you (and did not in fact deter or preclude you) from engaging in further protected activities. Non Responsive Based on the above. OCR is closing Allegation effective the date ofthis letter for Failing to state a claim of retaliation. With respect to Allegation 2(a)(iv)and and in which you allege the Coordinator failed to respond timely to your e-mails and your report that the Respondent was retaliating against you. and improperly granted the Respondent an extension oftime to ?le his appeal, 0C determined that a prt'ntafacie case of retaliation may be established because these actions, if true. could be seen as significantly disadvantaging you. and/or could been seen to have reasonably deterred or precluded you from engaging in further protected activities. Moreover, given the temporal proximity between these actions and your protected activity. a causal connection may be inferred. For these reasons, and because OCR has determined that it has jurisdiction and that the complaint was filed timely, it is opening Allegation and and 2th) for Non Responsive Page 4 investigation. Please note that opening the allegations for investigation in no way implies that OCR has made a determination with regard to their merits. During the investigation. OCR is a neutral tact-finder. collecting and analysing relevant evidence from the complainant. the recipient. and other sources, as appropriate. OCR will ensure that its investigation is legally suf?cient and is dispositive of the allegations. in accordance with the provisions ofArticlc Ill ot?the CPM. In addition. when appropriate. a complaint may be resolved before the conclusion of an investigation alter the recipient asks OC to resolve the complaint. In such cases. a resolution agreement signed by the recipient and submitted to OCR must be aligned with the allegations or the information obtained during the investigation and it must be consistent with applicable regulations. Information about this is in the enclosure to this letter. We will communicate with you periodically regarding the status of your complaint. 0C is committed to a high?quality resolution of every case. It" you have any questions. please contact Ms. Sandra L. Garcia. Senior, Equal Opportunity Specialist. at 312?730-1580 or by email at Sandra.L.Garcia{it2ed.gov or Brian Bigelow. OCR Senior Regional Attorney. at 312- 730-1565 or Brian.Bigelow@ed.gov. Sincerely, arcela Sanchez-Aguilar Supervisory Attorney Enclosure