Page 1 of 5 Withheld pursuant to exemption Of FFEECIOFH Of information and Privacy AC1. Page 2 of 5 Withheld pursuant to exemption Of FFEECIOFH Of information and Privacy AC1. UNITED STATES DEPARTMENT OF EDUCATION REGION V111 . . ARIZONA a, OFFICE FOR CIVIL RIGHTS COLORADO 5115111 Kalli? NEW MEXICO \p 1244 erase aLvo, some 310 an r-Kev" UT .at DENVER, co scant-3582 February 4, 2016 Dr. Joe Sehaffer, President Laramie County Community College 1400 College Drive Cheyenne, WY 8200?? Re: Laramie County Community College OCR Case Number: 08-16-2050 Dear President Schaffer: On November 25, 2015, we received a complaint alleging Laramie County Community College retaliated. We have determined that we have the authority to investigate this complaint consistent with our complaint procedures and applicable law. Speci?cally, the complaint alleges that the College retaliated against her by issuing a reprimand after she participated in a sexual assault investigation. Individuals ?ling a complaint, participating in an investigation, or asserting a right under Title IX are protected from intimidation or retaliation by 34 C.F.R. 106.71, which incorpOrates 34 C.F.R. As a recipient of Federal financial assistance from the Department, the College is subject to Title IX and its implementing regulation. Additional information about the laws OCR enforces is available on our website at http:/fwnovedgovfocr. Because we have jurisdiction and the complaint was ?led timely, we are opening this. allegation for investigation. Please note that opening the allegation for investigation in no way implies that we have made a determination with regard to its merits. During the investigation, OCR is a neutral fact-?nder, collecting and analyzing 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 allegation, in accordance with the provisions of Article of the Case Processing Manna-I. Please read the enclosed document entitled Complaint Processing Procedures,? which includes information about 0 complaint evaluation and resolution procedures; 0 Regulatory prohibitions against retaliation, intimidation and harassment of persons who file complaints with OCR or participate in an OCR investigation; and 0 Application of the Freedom of Information Act and the Privacy Act to OCR investigations. We intend to conduct a prompt investigation of this complaint. The regulation implementing Title at 34 C.F.R. 100.6(b) and requires that a recipient of Federal ?nancial assistance make available to OCR information that may be pertinent to reach a compliance determination. This requirement is incorporated by reference in the Title 1X regulation at 106.71. Pursuant to 34 CPR. 100.6(e) and 34 The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. Page 2 of 2 C.F.R. of the regulation implementing the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, OCR may review personally identifiable records without regard to considerations of privacy or con?dentiality. In order to reach an efficient and timely resolution to this matter, we are providing you an opportunity to present the College*s response to this allegation and to submit supporting documentation. We have also determined that the information itemized in the enclosed ?Data Request? is necessary to initiate resolution. We request that this information reach our office as soon as possible but no later than February 24, 2016. If any of the required items are available to the public on the Internet, you may provide the website address. You may also send documents to us by email to sandra.roesti@ed. gov or by fax to (303) 844?4303. Because email is not reliably secure, please do not email any document that contains personally identi?able or private information. If our investigation establishes that there has been a violation of law, we will attempt to negotiate a remedy. If we are unable to secure appropriate remedial action, we must initiate formal enforcement action by commencing administrative proceedings seeking the termination of Federal funds to the College or a referral to the Department of Justice. These enforcement procedures will be initiated only if a violation is found and then only if we are unable to negotiate voluntary remedial action. Thank you for your cooperation in this matter. In addition to the information requested above, we may need to request additional information and interview pertinent personnel. If an on?site visit is determined to be necessary, you will be contacted to schedule a mutually convenient time for the visit. Please notify us of the name, address, and telephone number of the person who will serve as the College?s contact person during the resolution of this complaint. We would like to talk with this person as soon as possible regarding this matter. We will continue to address letters to your attention with a courtesy copy to the College?s designated contact. We are committed to prompt and effective service. If you have any questions, please contact Ms. Sandra Roesti, Civil Rights Attorney, at 303-844-5942 or by email at sandra.roesti@ed.gov. Sincerely, JAM Thomas M. Rock Supervisory General Attorney Enclosures Data Request and OCR Complaint Processing Procedures? Data Request Of?ce for Civil Rights Case number: 08-16-2050 Recipient: La Complainant (bill'lC) munity College We request that this information reach our of?ce as soon as possible but no later than February 24, 2016. If any of the required items are available to the public on the Internet, you may provide the website address. You may also send documents to us by email to sandra.roesti@ed. gov or by fax to (303) 8-44-4303. Because email is not reliably secure, please do not email any document that contains personally identi?able or private information. 1. Indicate whether the College issued a written or verbal reprimand to the Complainant. If so, provide the following: a Name(s) and title(s) of the College employees who issued the reprimand(s) b. Date(s) of the reprimand(s) Reasons for each reprimand Copies of all records relating to the reprimand. Provide copies of any College personnel policies and procedures relating to issuing employee reprimands. If applicable, provide copies of any College policies and procedures that the College determined the Complainant violated that led to the reprimand(s). Indicate whether the College has similarly reprimanded other employees for similar reasons in the past two years. If so, provide a list showing the dates of the reprimand, a brief general Summary describing the reason for the reprimand, and an indication of whether the subject of the reprimand had participated in any investigations prior to the reprimand. *Please note that unless clarification is needed in the future, we are not requesting that the College provide personally identi?able information pursuant to this request. Provide the College?s position regarding the allegation, including any additional information and documentation the College would like OCR to consider. Also provide the names and titles of College employees or other witnesses that OCR could contact to verify the College?s position in this matter. Please identify these individuals by name, positionftitle, telephone number and email, and the reason you would like OCR to interview them.