UNITED STATES DEPARTMENT OF EDUCATION

 

OFFICE FOR CIVIL RIGHTS
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George Blumenthal

Chancellor

University of California, Santa Cruz
1156 High Street

Santa Cruz, California 95064

(In reply. please refer to Docket Number 09-16439.)
Dear Chancellor Blumenthal:

On March 13. 2015, the US. Department of Education, Office for Civil Rights (OCR),
sent you notification of a complaint against the University of California, Santa Cruz
(University), under Docket Number 09-15?2272. Subsequently, on2016, OCR
received a second complaint against the University alleging discrimination on the basis
of sex. The second complaint alleges that the University failed to and
equitably respond to a sexual violence complaint the filed
with the University.

 

 

 

 

OCR enforces Title IX of the Education Amendments of 1972 and its implementing
regulation at 34 C.F.R. Part 106. which prohibit discrimination on the basis of sex in
programs and activities operated by recipients of Federal financial assistance. The
University receives funds from the Department and is subject to the above laws and
their regulations as enforced by OCR.

We have determined that the allegation stated in the complaint recently received by OCR
is appropriate for investigation under the laws enforced by OCR. OCR will proceed with
resolution of the complaint. The allegation stated in the complaint has been added to our
investigation under docket 09-15-2272. The complainant has been noti?ed
allegations will be added to our already open investigation in which OCR is reviewing
overall University policies and procedures. in addition to investiuatinn the llniunreihr?c

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The Department of Education?s mission is to promote student act-iievement and preparation for global competitiveness
by fostering education at excellence and ensuring equal. access.

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Page 2 - (cs?16-2279)

 



 

 

 

Because OCR has determined that it has jurisdiction and that the compiaint was filed
timely or qualified for a waiver of the timeliness requirement, it is opening these
allegations for 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 fact?finder, collecting and analyzing relevant
evidence from the complainant, the recipient, and other sources, as appropriate. OCR
will ensure that its investigation is legally sufficient and is dispositive of the allegations,
in accordance with the provisions of Article ill of the Case Processing Manual.

OCR's right of access to this information is found at 34 Code of Federal Regulations,
section Considerations of confidentiality are not a bar to OCR obtaining
requested information under section tUOBic). Please be aware that it might be
necessary for us to make additional requests for information in the future.

OCR is committed to resolving complaints as as possible. OCR will contact
you or your designated representative soon to discuss the allegation(s). the initial data
request and the complaint resolution process. OCR may close this complaint prior to
making formal findings of compliance or non-compliance, provided that the
circumstances or information gathered establishes an administrative or other basis for
resolution in accordance with the Case Processing Manual.

OCR routinely advises recipients of Federal funds and public education entities that
Federal regulations prohibit intimidation. harassment or retaliation against those filing
complaints with OCR and those participating in the complaint resolution process.
Complainants and participants who feel that such actions have occurred may file a
separate complaint with OCR.

Under the Freedom of Information Act. it may be necessary to reiease this document
and related records upon request. In the event that OCR receives such a request, it will
seek to protect, to the extent provided by law. personal information that, if released,
could reasonably be expected to constitute an unwarranted invasion of privacy.

Page 3 - (09-162279)

If you have any questions about this letter, please contact Annie Lee, investigator, at
{415) 486?5594 or Abony Alexander, Attorney, at (415) 486-5590.

Sincere!

    

Charles Love
Program Manager