UNITED STATES DEPARTMENT OF EDUCATION REGIUN iv OFFICE FOR CIVIL RIGHTS, REGION IV ALABAMA. rtomm GEORGIA ol SOUTHWEST, SUITE IOTIU TENNESSEE GA 30303-3927 June 1,2016 William E. Troutt, President Rhodes College 2000 North Parkway Memphis, TN 33112 Re: OCR Reference No. 04?16-2182 Dear Dr. routt: 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, the Complainant ?Unresponswe alle ed that the College engaged in discrimination on the basis of sex against IStudent) when it failed to take interim measures to protect the Student after an hlleged sexual assault, failed to and equitably investigate the alleged assault, and when, on it failed provide a prompt, fair and equitable hearing regarding the alleged sexual assault. OCR 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 ?nancial assistance (FFA) 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 hasjurisdiction 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 sufficient and is dispositive of the allegation, in accordance with the provisions of Article of the Case Processing Manaai. Page 2 Ref. 04-16-2182] Accordingly, OCR will investigate the following legal issues: 1. Whether the College and equitably reSponded to sexual violence complaints, reports, audior other incidents of which the College had notice by the Student and other similarly situated students at the College, in noncompliance with the Title IX implementing regulation at 34 CPR. 106.8 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 bene?t from the College?s programs, in noncompliance with the Title IX implementing regulation at 34 C.F.R. 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 CPR. 106.3 and 106.31. Please read the enclosed document titled OCH ?3 Complaint Processing Procedures, which includes information about the regulatory prohibitions against retaliation, intimidation and harassment of persons who ?le complaints with OCR or participate in an OCR investigation; and application of the Freedom of Informati0n Act and the Privacy Act to OCR investigations. OCR will conduct a prompt investigation of this complaint. The regulation implementing Title VI, at 34 CPR 100.6(b) and requires that a recipient of FFA make available to OCR information that may be pertinent to reach a compliance determination. This requirement is incorporated by reference in the Title IX regulation at 34 CPR. Section 106.71. Pursuant to 34 C.F.R. 100.6(c) and 34 C.F.R. of the regulation implementing the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, OCR may review personally identi?able records without regard to considerations of privacy or con?dentiality. Accordingly, OCR requests that the College submit the following non?redacted information to OCR within ?fteen (15) calendar days from the date of this letter: (bltilthl l. The Depot-Mien! '3 mission is to promote strident achieveme and preparation for gioboi competitiveness - iiyforrering educational? and ensuring eqttoi access. tlr'wu?. etigov Page. 3 Ref. 04-16-2182] Nu: Depamnmu rgf'k'drrcurfrm '3 minim: is acm'avzmumi gfoha.? cmrwerfn'vcnexx education-u! exce?cnce and ensuring uqrmn' scrum. migrn? Page 4 Ref. 04-16-2l82] (WNW 10?epawmmr nu?ssiun is :0 promote student whim-Wran ma?a! by?m?n?rmg educational" and ensuring aqua! accexs. narw.ed.guv Page 5 Ref. 0446-2132] (bl?ll?Pursuant to Section 302 of Case Processing Manual, a complaint may be resolved at any time when, before the conclusion of an investigation, the College expresses an interest in resolving the complaint. Please contact the assigned investigatoriattorney if the College wishes to discuss a Section 302 voluntary resolution. Tin: iJepnrimtvn {J'iitincniion "s mission is in promote siuricni nc'nievenn?ni andpi'epni'niionfor giobni competitiveness byfmiei'ing audience and ensuring anon} access. Page 6 Ref. 04-I6-2l82] Thank you for your cooperation in this matter. In addition to the information requested above, OCR may need to request additional information and interview pertinent personnel. During the course of this investigation, we will conduct one or more onusite visits- You will be contacted to schedule a mutually convenient time for those visits. 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) 974-9374. Sincerely, "go/we?r- f..fA.iithon l3rown, Esq. .Acting Compliance Team Leader EncIOSure it't?te 's Nitrate? is to promote aehtwement and preparation for competitiveness tiyjostertng excettem'e and ensuring eqtmt access. unrated.ng