UNITED STATES DEPARTMENT ED UCATION
OFFICE FOR CIVIL RIGHTS, REGION XV

 

1 - -- - REGIONXV
[350 Home avenue. sons 325 MICHIGAN
CLEVELAND. on 44115 omo

FEB ?9 9 2016

Santa J. Ono, 
President

University of Cincinnati
2600 Clifton Avenue

PO. Box 210063

Cincinnati, Ohio 45221-0063

Re: OCR Docket #l5-16-2039

Dear President Ono:

On November 23, 2015, the US. Department of Education?s Office for Civil Rights
(OCR) received a complaint ?led against the University of Cincinnati (the University).
The complaint alleges that the University discriminated against students based on sex by
failing to and equitably respond to complaints, reports and/or incidents of
sexual violence of which it had notice 
and, as a result, students, including the Student,

were subjected to a sexuall hostile environment. The com laint further alle the
Unwersitv 


 

 

 

 

 

 

OCR is responsible for enforcing Title IX of the Education Amendments 0f1972,

20 U.S.C. 1681 et? seq, and its implementing regulation, at 34 CPR. Part 106, which

prohibit discrimination on the basis of sex in education programs and activities operated
by recipients of Federal ?nancial assistance ?om the Department. Persons who seek to

enforce their rights under Title VI are also protected from retaliation. As a recipient of

such ?nancial assistance, the University is subject to Title IX.

Because OCR has determined that we have jurisdiction over the allegation and that this
complaint was ?led timely, we are opening the allegation for investigation. Based on the
complaint allegation, we will investigate the following legal issues:

The Department of Education ?5 mission is to promote snide?! achievement and global conwetirivem'ss
educational excellence and ensuring equal access.
ed. gov

 

 

Page 2 Santa J. Ono, 

1. Whether the University provided prompt and equitable responses to sexual
violence complaints, reports, and/or other incidents of which it had notice
(knew about or should have known about) as required by the Title IX
implementing regulation at 34 CPR. 106.8 and 106.31.

a. Whether the University complied with the requirements of the
Title IX regulation at 34 CPR. 106.9 regarding notice of
nondiscrimination.

b. Whether the University complied with the requirements of the

Title IX regulation at 34 CPR. 106.8 and 106.9(a) regarding
the designation and notice of a Title IX coordinator.

2. Whether any failure by the University to provide a prompt and equitable
response allowed a student or students and/or the campus, generally, to
continue to be subjected to a sexually hostile environment that denied or
limited a student or students? ability to participate in or bene?t from the
University?s programs, in violation of the Title IX implementing
regulation at 34 C.F.R. 106.8 and 106.31.

3. Whether the University intimidated, threatened, coerced or discriminated
against an individual for the purpose of interfering with any night or
privilege secured by Title IX, or because she made a complaint, testi?ed,
assisted or participated in any manner in an investigation, proceeding or
heating under Title LX, in violation ofTitle iX?s implementing regulation
at 34 C.F.R. 106.71.

Please note that opening an allegation for investigation in no way implies that OCR has
made a determination with regard to its 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 the investigation is
legally suf?cient and is dispositive of the allegations in accordance with the provisions of
Article oi?OCR?s Case Processing Manual.

For your'reference, the enclosed document, entitled Complaint Processing
Procedures,? includes information about:

0 complaint evaluation and resolution procedures, including the availability
of Early Complaint Resolution 

0 regulatory prohibitions against retaliation, intimidation and harassment of persons
who ?le complaints with OCR or participate in an OCR investigation; and

the application of the Freedom of information Act and the Privacy Act to OCR
investigations.

 

Page 3 Santa J. Ono, 

Additional information about the laws OCR enforces is available on our website at
http://wwxvedgov/ocr.

OCR intends to conduct a prompt investigation of this complaint. The Title VI
regulation, at 34 CPR. 100.6, requires that a recipient of Federal ?nancial assistance
make available to OCR information that may be pertinent to reaching a compliance
determination. The Title IX regulation incorporates those requirements by referen ce at
34 CPR. 06.71. In addition, in accordance with the Title VI regulation at 34 CPR.
100.6(c) and with the regulation implementing the Family Educational Rights and
Privacy Act, 20 U.S.C. 1232g, at 34 CPR. OCR may review
personally identi?able records without regard to considerations of privacy or
con?dentiality.

Accordingly, we are requesting that you forward the following information to us within
l5 calendar days of the date stamped at the top of this letter. Wherever possible, please
provide the requested information electronically (and Bates-labeled if you have that
capability); otherwise please provide the information via hard copy:

1.

a copy of any Universitv policies or procedures in effect during the
school years that address
discrimination and harassment based on sex, including sexual violence,
involving students, employees, and third parties, including sexual
Violence/misconduct/harassment policies and procedures, Title IX
grievance procedures, applicable disciplinary procedures and codes,
appeal procedures, and nondiscrimination notices;

 

 

if any of the above policies or procedures changed over the applicable
time period, please provide a copy of all documents that re?ect each
change and note the date(s} when the new policy or procedure became
applicable;

the name(s) and title(s) of the University?s Title IX coordinator(s), and any
deputy or co?coordinato?s). In addition, please note when each individual
assumed his or her position, and provide an explanation of how that
person or persons? identity and contact information are disseminated to
students, faculty, staff, and administrators;

the names and titles of any University personnel responsible for
investigating incidents of discrimination and harassment based on sex or
implementing any part of the University?s Title IX grievance process 

a description ofhow the University handles criminal complaints and the
effect that criminal complaints have on the University?s Title IX
investigation process; the names and titles of any University designated

 

Page 4 Santa J. Ono, 

contact person for related criminal investigations; and the process used by
the University in communicating with local prosecutors about the status of
criminal investigations;

6. a description of law cnforcement?s role in the University?s Title IX
investigation process, including a cepy of any memoranda of
understanding with campus and local law enforcement or related
protocols;

7. a description of how the University handles requests for con?dentiality by
those reporting incidents of discrimination and harassment based on sex,
including sexual violence;

8. a copy of all documentation stored in any location, including electronic
recordkeeping systems, concerning any formal or informal complaints or
reports of sexual assault or sexual harassment made to the University by or

on behall?of the including:

a. a copy of any written complaints or reports, and a detailed
description ol? any verbal complaints;

b. a copy of all investigative ?les, interview memoranda, witness
statements, and related. documents concerning any University
investigation of these complaints or reports;

c. a copy of any records related to any hearings held regarding each
complaint, including but not limited to hearing transcripts, video or
audio recordings, notes, and copies of any documentation or other
evidence presented or considered as part of the hearing;

(1. a copy of any documents showing the steps of the investigation
and the results of the University?s investigation, including any
correspondence, e?mai ls and other documents, as well as how the
University notified pertinent parties of the outcome of each
investigation;

e. a copy of any appeals ?ied by either party and docwnentation
regarding the University?s processing of each appeal, including but
not limited to any documentation, records or other information the
University relied on in making a determination regarding the
appeal, including with respect to sanctions, and any notice
provided to the parties regarding the outcome of the appeal;

f. a detailed description of any action the University took to stop any
harassment or discrimination and to prevent any additional
discrimination or harassment based on sex, while each complaint

 

Page 5 Santa J. Ono, 

or report was being investigated (interim measures) or after the
investigation concluded; and

g. a copy of any documents, including student discipline records,
memoranda, e?mails, notes, or other documents, that discuss or
relate to any disciplinary or other remedial action the University
took in resl'Jonse to each complaint or report.

9. a copy of all documentation concerning any formal or informal complaints

or reports of sexual harassment made to the University (including, but not
limited to those received by University personnel; the University Police
Department; the University Department of Public Safety; the Of?ce of
University Judicial Affairs; the Title IX Of?ce; the Of?ce of the Provost;
the Office of Equal Opportunity Access; University Housing, Food 
Retail Services; University Health Services; or by Human Resources; or
those received elsewhere and then referred to the University} or

 

 

investigated/ resolved by the University during the 

 



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n:

 

 

chool years, including:

 

 

a.

a copy of any written complaints or reports, and a detailed
description of any verbal complaints;

a copy of all investigative ?les, interview memoranda, witness
statements, and related documents concerning any University
investigation of these complaints or reports;

a copy of any documents showing the steps of the investigation
and the results of the University?s investigation, including any
correspondence, e?mails, and other documents, as well as how the
University noti?ed pertinent parties of the outcome of each
investigation;

a detailed of any action the University took to stop any
harassment or discrimination and to prevent any additional
discrimination or harassment based on sex, while each complaint
or report identi?ed in response to request above was being
investigated (interim measures) by the University or other law
enforcement entities or after the investigation concluded;

for each complaint or report of alleged sexual harassment and/or
violence responsive to this request, identify (1) whether the
University found that the complainant and/or other students were
sexually harassed/ assaulted; (2) whether the University found that
any complaint was part of a larger pattern of similar complaints;
and (3) whether the University made any conclusion about whether

 

Page 6 - Santa 0110, 

10.

ll.

12.

13.

I4.

15.

the complainant and/or other students were subject to a sexually
hostile environment; and

f. a copy of any documents, including student discipline records,
memoranda, e?mails, notes, or other documents, that discuss or
relate to any disciplinary or other remedial action the University
took in response to each complaint or report identi?ed in response
to request above;

if not included in responses above, copies of all communications,
including letters, e-mails, notes, memoranda, reports, notices, or other
communications sent or received by University faculty, staff,
mil: ion, and/0r Trustees during 
school years that discuss, relate, or refer to the complaints or
re

ports 1 enti?ed under requests #8 and #9 above;

 

 

if not included in responses above, a copy of any notes, agendas,
summaries, or fol low-up communication related to any meetings between
University staff and the Student regarding any allegations of, or remedies
for, sexual assault or sexual harassment;

copies of any notes, agendas, summaries or follow?11p communication
related to any meetings during I
school years between University staff and the complaining student(s)
regarding any allegations of, or remedies for, sexual harassment;

 

a description and copies, i1 applicable, of any steps the University took
during the school years to make

students, faculty, and stall at the Universny aware of the policies and
procedures identi?ed in response to requests #1 or #2 above, such as
publications, website statements, and/0r training;

 

 

 

a description of the ways in which the University communicates with
students, statl?, and other members of the campus community about its
processes for addressing sexual harassment and violence (for ex ample,
through its web site, speci?c publications, speci?c other electronic means,
etc);

a description of any training regarding Title IX as it applies to sexual
harassment, including sexual assault and violence, the University provided
or offered to (1) University personnel; and (2) University students during
Ischool years. For each training,
include the date of the training; the target audience (cg, coaches,
residence hall staff, etc.) copies of any related materials distributed at the
trainings; and a description of the background/expertise of the individual
who provided training;

 

 

Page 7 Santa J. Ono, 

t6. cepies of any and all brochures, pamphlets, or other materials that are
disseminated to by the University to students regarding sexual harassment,
the rights of complainants and accused individuals, and/or other campus
resources available to assist those facing sexual harassment/violence;

17. a description of the University?s collaborative efforts with any advocacy
groups on and off campus to prevent sexual harassment, misconduct, and
violence and to notify students and employees oftheir rights under Title


18. a list of campus organizations and other resources for students that address
students? concerns or issues related to sexual harassment (including, but
not. limited to, women?s or men?s organizations; lesbian, gay, bisexual,
transgender, or alliance organizations; and rape crisis centers, sexual
assault support networks, or other similar agencies); include contact
information for each organization, and how information about these
organizations is disseminated to students;

19. a description of how the University has assessed the campus climate
regarding sexual harassment issues, conducted self-assessments, collected
data, or monitored campus,
if at all, for school years Please
provide any summaries or interim or ?nal reports that describe the
outcome of these efforts; and

 

 

 

20. any other information you believe relevant to the complaint allegations.

Thank you for your emperation in this matter. We also may need to interview
individuals at the University with knowledge of the facts of this case. If we determine
that an onsite visit is necessary, we will contact you to schedule a mutually convenient
time for our visit.

Upon receipt of this letter, please notify OCR of the name, address, and telephone
number of the person who will serve as the University?s contact person during 
investigation. If you have any questions, please Contact Allison Beach, the OCR attorney
who has been assigned to investigate this complaint, by telephone at

(216) 522-2666 or by e-mail at Allison.Beach@ed.aov.

Sineerel

    

acara Martin
Supervisory Attorney/Team Leader

Enclosure