UNITED STATES DEPARTMENT OF EDUCATION REGION Iv

OFFICE FOR CIVIL RIGHTS, REGION ALABAMA

GEORGIA
at ST., SUITE ta'rlo 
(in 30303-892?

 

June 1,2016

 

Nontesponsive

 

 

 

Re: OCR Reference No. 04-16-2132

 

Dear Nonresponsrve

 

 

 

On April 19, 2016, the US. Department of Education (Department), Of?ce for Civil Rights
(OCR), received a complaint against Rhodes College (College), which alleged the College
engaged in discrimination on the basis of sex. Speci?cally, you (Complainant) alleged that the
College engaged in discrimination on the basis of sex I
(Student) when it failed to take interim measures to protect the Student after anINiJnresponsm 
alleged sexual assault. failed to rom tly and equitably investigate illeged
assault, and when, on it failed provide a prompt, fair and equitable hearing
regarding the alleged sexua assau t. 0 CR determined that it has the authority to investigate this
complaint consistent with complaint procedures and applicable law.

 

 

OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), 20
U.S.C. 1681 et seq., and its implementing regulation, 34 C.F.R. Part 106, which prohibit
discrimination on the basis of sex in any education program or activity operated by a recipient of
Federal financial assistance (F A) from the Department. The College receives FFA from the
Department and is therefore subject to Title IX and the regulation. Additional information about
the laws OCR enforces is available on our website at 

Because OCR has determined that it has jurisdiction and that the complaint was ?led timely, it is
opening this complaint for investigation. Please note that opening the complaint for
investigation in no way implies that OCR has made a determination with regard to its

merit. 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 Manual.

Accordingly, OCR will investigate the following legal issues:

1. Whether the College and equitably responded to sexual violence complaints,
reports, and/or other incidents of which the College had notice by the Student and other

Page 2 Ref. 0446-2132]

similarly situated students at the College, in noncompliance with the Title IX
implementing regulation at 34 C.F.R. 106.3 and 106.31.

2. Whether the College?s alleged failure to provide prompt and equitable responses allowed
the Student and other similarly situated students to be subjected to a sexually hostile
environment that denies or limits the ability of the Student or other similarly situated
students to participate in or benefit from the College?s programs, in noncompliance with
the Title IX implementing regulation at 34 CPR. 106.8 and 106.31. 

3. Whether the College failed to provide the Student with a prompt, fair and equitable
hearing on January 19, 2016, in noncompliance with the Title IX implementing
regulation at 34 C.F.R. 106.8 and 106.31.

OCR is committed to prompt and effective service. If you have any questions about this letter,
please contact Pamela Simmons, Senior Attorney, at (404) 974?9364, or by email at
pamela.simmons@ed.gov, or me at (404) 97449374.

Sincerely,

. 
 . 
G, j_ nthony Brown, Esq. 
Acting Compliance Team Leader

Encloswe

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etlncatt'rmal excellence and ettsta?t?ng equal access.
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