UNITED STATES DEPARTMENT OF EDUCATION

 

OFFICE FOR CIVIL RIGHTS
so BEALE sums 7200 REGION IX
SAN FRANCISCO, CA 94105 cmroxnm
1 2 20] 6

 



 

 

 

(In reply, please refer to case no. 09-16-2090.)

 


Dear

 

 

 

 

 

the us. Department of Education, Office for Civil Rights
(OCR), received your complaint against the University of California, San Francisco
(Recipient). The allegations you raised are the following:

 

1. The University fails to and equitably respond to sexual harassment,
including sexual violence, complaints, reports and/or other incidents of which
it has notice; and

2. The University's failure to provide a prompt and equitable response to notice
of sexual harassment, including sexual violence, allows students to be
subjected to a hostile environment on the basis of sex.

We have determined that the allegations are appropriate for investigation under the
laws enforced by OCR. OCR will proceed with resolution of the complaint.

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 ?nancial assistance. The
University receives funds from the Department and is subject to the above laws and
their regulations as enforced by OCR.

Please note that the allegations you raised regarding the University are already under
investigation under another docket number, which also includes an additional individual
allegation. As such, OCR will continue with its investigation of the allegations you
raised under both docket numbers.

Because OCR has determined that it has jurisdiction and that the complaint 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-?nder, collecting and analyzing relevant
evidence from the complainant, the recipient, and other sources, as appropriate. OCR

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 (09-16-2090)

will ensure that its investigation is legally sufficient and is dispositive of the allegations,
in accordance with the provisions of Article of the Case Processing Manual.

We will contact you or your designated representative soon to discuss the allegations
and 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.

Federal regulations prohibit the Recipient from retaliating against you or from
intimidating, threatening. coercing, or harassing you or anyone else because you filed a
complaint with OCR or because you or anyone else take part in the complaint resolution
process. Contact OCR if you believe such actions occur.

Under the Freedom of Information Act, it may be necessary to release 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.

If you have any questions about this letter, please contact staff attorney, Gemini
McCasland, at (415) 486-5536.

    

Charles R. Love
Program Manager