UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 32 OLD SLIP. 26*" FLOOR NEW YORK. NEW YORK 10005 TIMOTHY C. J. BLANCHARD DIRECTOR NEW YORK OFFICE January 28. 2016 Dr. Phillip A. Glotzbach President Skidmore College 815 North Broadway Saratoga Springs, New York 12866 Re: Case No. 02-16-2067 Skidmore College Dear President Glotzbach: On November 30, 2015, the US. Department of Education, New York Of?ce for Civil Rights (OCR) received the above-referenced complaint ?led against Skidmore College. The complainant alleged that the Colle failed. to respond appropriately to a complaint of sexual assaultmade in or aroundl and subsequent complaints regarding harassment and retaliation by the accused student through] mmesmns'vel and as a result, the complainant was subjected to a sexually hostile environment. OCR has determined that this allegation is appropriate for investigation. Additionally, OCR will investigate whether the College failed to and equitably respond to complaints, reports, and/or incidents of sexual assault/violence of which it had notice; and as a result, students at the College. including the complainant, were subjected to a sexually hostile environment. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 U.S.C. 1681 e_t and its implementing regulation at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in programs and activities receiving ?nancial assistance from the US. Department of Education (the Department). The College is a recipient of ?nancial assistance from the Department. Therefore, OCR has jurisdictional authority to investigate this complaint under Title IX. Because OCR has determined that it has jurisdiction and that the complaint was ?led in a timely manner, 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 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 allegations, in accordance with the provisions of Article of Case Processing Manual. 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 of7 Dr. Phillip A. Glotzbach, President Enclosed is a document entitled, Complaint Processing Procedures.? This document will provide you with an overview of complaint evaluation, investigation, and resolution process. OCR will collect only material needed to investigate this complaint and will take all proper precautions to protect the identity of any individuals named in documents. To facilitate efforts to investigate this complaint, OCR requests that, within twenty (20) days of the date of this letter, you provide to OCR the information listed on the enclosed data request. If OCR does not receive the data in a timely manner, OCR may conduct a site visit to obtain the data. The regulation implementing Title VI of the Civil Rights Act of 1964, at 34 CPR. 100.6(b) and requires that a recipient of federal ?nancial assistance make available to OCR information that may be necessary for it to determine whether a recipient is in compliance with the regulations it enforces. This requirement is incorporated by reference in the regulation implementing Title IX, at 34 C.F.R. 106.71. This information also is being requested pursuant to 34 CPR. 99.3I(a) (3) goal is the prompt and appropriate resolution of the allegations contained in a complaint. OCR offers, when appropriate, an Early Complaint Resolution (ECR) process, similar to mediation, to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegation(s). Some information about the ECR process is contained in the enclosure to this letter entitled, Complaint Processing Procedures," and on website at Also. when appropriate, a complaint may be resolved before the conclusion of an investigation after the recipient expresses an interest to OCR to resolve the complaint. In such cases, OCR obtains a resolution agreement signed by the recipient. This agreement must be aligned with the complaint allegations or the information obtained during the investigation, and it must be consistent with applicable regulations. Additional information about this voluntary resolution process may be found in the enclosure entitled, Complaint Processing Procedures,? and on website at Please be advised that the College may not harass, coerce, intimidate. or discriminate against any individual because he or she has filed a complaint or participated in the complaint resolution process. If this happens, the complainant may ?le another complaint alleging such treatment. Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request. In the event that OCR receives such a request, it will seek to protect, to the extent provided by law, personally identifiable information which, if released. could reasonably be expected to constitute an unwarranted invasion of personal privacy. Page 3 ot?7 Dr. Phillip A. Glotzbach, President OCR staff will contact you within twenty (20) days of the date of this letter to discuss the complaint resolution process. In the interim. if you have any questions. please contact Gina Damasco. Compliance Team Attorney. at (646) 428-3924 or or Logan Gerrity. Compliance Team Attorney. at (646) 428-3791 or Compliance Team Leader Encl. Page 4 of 7 Dr. Phillip A. Glotzbach. President Data Regucst OCR Case No. 02-16-2067 Qkir?imnrp (?nut-jun (the College) Nonresponswe . (the complainant) . (mam RESPONSE DUE: Page '5 01'7 Dr. Phillip A. Glolzbach. President Page 6 of 7 Dr. Phillip A. Glotzbach. President Page 7 0t?7 Dr. Phillip A. Glotzbach. President (WNW