February 25, 2013 Re: 05-13-2112 Dea The US. Department of Education, Office for Civil Rights (OCR), is evaluating your complaint, which we received on February 22, 2013, to determine whether OCR has authority to investigate the allegation(s) in your complaint. You may expect to receive additional information from us soon about your complaint. Please read the enclosed document entitled Complaint Processing Procedures? for information about: 0 complaint processing procedures; 0 the laws that we enforce; protections against intimidation and retaliation for participating in an OCR investigation; 0 what to do if you disagree with a determination by OCR to close your complaint; and, the Freedom of Information Act and the Privacy Act. We are also enclosing a consent form with this letter. Please sign and return the form as soon as possible. If we do not receive the form within 20 calendar days of the date of this letter, we will close your complaint. If you have questions about this letter or need further assistance, please call TiShaunda McPherson at 312-730-1633. Sincerely, Betty Wilson Equal Opportunity Assistant Enclosure UNITED STATES DEPARTMENT OF EDUCATION REGION OFFICE FOR CIVIL RIGHTS INDIANA IOWA 500 WEST MADISON ST., SUITE I475 MINNESOTA CHICAGO. IL 60661-4544 NORTH DAKOTA WISCONSIN February 25, 2013 Re: 05-13-2112 b6;b'IC The US. Department of Education, Of?ce for Civil Rights (OCR), is evaluating your complaint, which we received on February 22, 2013, to determine whether OCR has authority to investigate the allegation(s) in your complaint. You may expect to receive additional information from us soon about your complaint. Please read the enclosed document entitled Complaint Processing Procedures? for information about: 0 complaint processing procedures; 0 the laws that we enforce; protections against intimidation and retaliation for participating in an OCR investigation; 0 what to do if you disagree with a determination by OCR to close your complaint; and, the Freedom of Information Act and the Privacy Act. We are also enclosing a consent form with this letter. Please Sign and return the form as soon as possible. If we do not receive the form within 20 calendar days of the date of this letter, we will close your complaint. lfyou have questions about this letter or need further assistance, please call TiShaunda McPherson at 312-730-1633. Sincerely, . Betty Wilson Equal Opportunity Assistant Enclosure The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. gov From: To: Subject: Re: OCR Complaint Date: Thursday, March 07, 2013 11:43:41 AM Thanks for letting me know! I let him know I was not comfortable with handing him the complaints and that he can request them via the FIA. I have been extremely nice and told him that we could do mediation with the OCR if it gets to that point. I also let him know the reasons for the report are to correct the mistakes made and to get proper trainin for an similar instances that ma come U) in the future. I?ll let you know if I have anymore questions! From: McPherson TiShaunda . - . . I Subject: RE: OCR Complaint Hi That's up to you. You do not have to provide him a copy of the complaint, and OCR will not provide him a copy unless he submits a request via the Freedom of Information Act. However, even if he submits a request via the Freedom of Information Act, we likely would not release it until any investigation we pursued was complete. Best. TiShaunda Fromm); Sent: Wednesday, March 06, 2013 7:04 PM To: McPherson, TiShaunda Subject: Re: OCR Complaint The Dean wants me to email him my complaints that I sent in. Should I do that or not? I told him we could try to do the mediation part if the DOE does intervene and see how things go from there. He wanted me to tell him the latest complaint but I didn't want to tell him since it involved him. He didn't seem mad about it and he was very calm, which is a plus. I'll fax you the signature tomorrow. From: McPherson TiShaunda Date: Wed, 6 Mar 2013 17:19:43 Tol(b)(5); I Subject: OCR Complaint Hi (bxe); Thank you for speaking with me today. My contact information is below. Please fax me your signed consent form so we can continue processing your complaint. Best. TiShaunda McPherson Civil Rights Attorney US. Department of Education Of?ce for Civil Rights Citigroup Center 500 West Madison Street Chicago, IL 60661 (312) 730-1560 (main) (312) 730-1633 (of?ce) (312) 730-1576 (fax) TiShaunda.McPherson @ed. gov From; libxs); I To: Wilda Subject: RE: OCR Complaint Date: Wednesday, March 20, 2013 1:23:11 PM Thank you very much for all your help. It makes me feel better about the situation now that I am being treated like a person and notjust a number. I truly do appreciate it. From: Tishaunda.McPherson@ed.gov (was); Date: Wed, 20 Mar 2013 13:08:29 0500 Subject: RE: OCR Complaint (mine) I We?ve reviewed your complaint. lam waiting for management approval to open it before sending out correspondence to you and the College. I?m hoping to get a letter to you next week. Thanks, TiShaunda From: Sent: Wednesday, March 20, 2013 1:05 PM To: McPherson, TiShaunda Subject: RE: OCR Complaint Hello! I was just checking in to see if there were any updates From: Tishaunda.McPherson@ed.gov To: Date: Mon, 11 Mar 2013 13:36:27 -0500 Subject: RE: OCR Complaint . 6' . Hifbigyi?c I got It. Thanks. From Sent: Monday, March 11, 2013 12:59 PM To: McPherson, TiShaunda Subject: RE: OCR Complaint faxed over the signature page last week. Let me know if you got it! I From: TishajjndaMgEhersgn@gdgoy To; (mam) Date: Thu, 7 Mar 2013 10:30:25 -O6OO Subject: RE: OCR Complaint (C) >>Hi That's up to you. You do not have to provide him a copy of the complaint, and OCR will not provide him a copy unless he submits a request via the Freedom of Information Act. However, even if he submits a request via the Freedom of Information Act, we likely would not release it until any investigation we pursued was complete. Best, TiShaunda From: Sent: Wednesday, March 06, 2013 7:04 PM To: McPherson, TiShaunda Subject: Re: OCR Complaint The Dean wants me to email him my complaints that I sent in. Should I do that or not? I told him we could try to do the mediation part ifthe DOE does intervene and see how things go from there. He wanted me to tell him the latest complaint but I didn't want to tell him since it involved him. He didn't seem mad about it and he was very calm, which is a plus. I'll fax you the signature tomorrow. (C) From: McPherson TiShaunda Date: Wed, 6 Mar 2013 17:19:43 Toj(b)(6); (WHO I Subject: OCR Complaint (bxnc) Thank you for speaking with me today. My contact information is below. Please fax me your signed consent form so we can continue processing your complaint. Best, TiShaunda McPherson Civil Rights Attorney US. Department of Education Office for Civil Rights Citigroup Center 500 West Madison Street Chicago, IL 60661 (312) 730-1560 (main) (312) 730-1633 (office) (312) 730-1576 (fax) Rom; lame); TO: Subject: Re: OCR Complaint Date: Monday, April 01, 2013 3:51 :44 PM I have the names of ?3an I that they are shredding more tomorrow. I I was also told by them From: McPherson TiShaunda Date: Mon. 1 Apr 2013 20:31:22 Tol(b)(6); I Subject: RE: OCR Complaint I am free at 10 am. From: Sent: Monday, April 01. 2013 3:26 PM To: McPherson, TiShaunda Subject: Re: OCR Complaint I can call any time from 10-12. And I forgot about the freedom of info act. Let me know if those times work and I can ask them to let me know their policy. From: McPherson TiShaunda Date: Mon, 1 Apr 2013 20:08:45 Subject: RE: OCR Complaint I will not be in the of?ce tomorrow. You can call me on Wednesday. Please let me know what time you?re thinking. Also, I do not know the College's policies for providing paperwork/investigative files. so I cannot tell you whether the College is supposed to provide that information to you, or how. That would be part of our investigation. Also, when we last spoke, I told you that if the College provided documents to us, you would have to submit a Freedom of Information Act request to obtain them, assuming that there are not any exceptions to providing them. Also, all personally identifiable information would be redacted from the documents. I can explain this all again when we talk on Wednesday. FromeXG); Sent: Monday, April 2013 3:02 PM To: McPherson, TiShaunda Subject: Re: OCR Complaint I can call you tomorrow and we can go over it. I still am not Br gun; i; I do want to mediate myself. But, it'll help if I know more about the process. Also. I am asking the Dea (1)5 for copies of all my paperwork and was wanting to make sure that it is something that I can ask for and they have to give me. I remember you telling me that I can get them through your office when they get them. but I wasn't for sure if he has to give them to me if I ask for them again. From: McPherson TiShaunda Da . . . To Subject: RE: OCR Complaint I am actually still waiting on approval for what allegations will be opened. As soon as I ?nd out, I'll let you know. Once the case is of?cially opened. we will ask the College if they're willing to participate in mediation. One of our facilitators will contact you to explain the process. If you'd like. you can call me and I can go over the mediation process with you before that. TiShaunda McPherson Froml(b)(6); I Sent: Monday, April 20 3 2:4l PM To: McPherson, TiShaunda Subject: Re: OCR Complaint Hello. I'll collect the names of some people and let them know they can contact the DOE. Also, I was wondering if I could know what was approved for investigating and what I can and can't ask for during mediate. Message-m- From: McPherson TiShaunda Date: Mon, 1 Apr 2013 l9:29:43 I Subject: RE: OCR Complaint Hi (WHO) I Thank you for your email. As part of our investigation. we will give you an opportunity to respond to the data the College submits. So. if we have questions about the documents or if there appears to be missing, misleading, or incomplete information. you will be able to let us know. Also. we'll conduct interviews with College staff so we will ask them about missing, misleading or incomplete information. If you have a list of individuals you think would be willing to speak with us. please let us know. Also. if any of the other individuals would like to file a complaint with our office, please let them know that they can. If you have any other questions or concerns, please feel free to email or call me. Best. TiShaunda McPherson From; I Sent: unday, March 20l3 6:0] PM To: McPherson. TiShaunda Subject: RE: OCR Complaint Hello, I have a serious update. My friend has told me some very important news. They asked me not to say ttlb' 6 7 . ?I?l (bxnc) ll am also afraid they may have shredded some of my paper work that might be important to the case. Since I was denied any copies of my paperwork, I am extremely worried that they may pick and chose things to shred in order to avoid getting into trouble and make me look like a bad person. I?m not for sure what to do. From; I To: tis 1aunda.mcpherson ed.gov Subject: RE: OCR Complaint Date: Wed. 20 Mar 2()l3 l2z23202 Thank you very much for all your help. It makes me feel better about the situation now that 1 am being treated like a person and not just a number. I truly do appreciate it. From: Tishaunda.McPherson@edgov I Date: Wed, 20 Mar 20 3 13:08:29 -0500 Subject: RE: OCR Complaint Hi We've reviewed your complaint. I am waiting for management approval to open it before sending out correspondence to you and the College. I'm hoping to get a letter to you next week. Thanks. TiShaunda Fron Sent: Wednesday. March .10, 1015 l:(l5 PM To: McPherson, TiShaunda Subject: RE: OCR Complaint Hello! I was just checking in to see if there were any updates From: TishaundaMcPherson@edgov T01 I Date: Mon, 1 1 Mar 20l3 13:36:27 Subject: RE: OCR Complaint Hl got it. Thanks. From Sent: onaay. [Vlarcn I. gum [.1239 PM To: McPherson. TiShaunda Subject: RE: OCR Complaint I faxed over the signature page last week. Let me know if you got it! From: ozTisha nda To; Date: lhu. 7 Mar 10:50:25 Subject: RE: OCR Complaint (bxs); (bxnc) Hi That's up to you. You do not have to provide him a copy of the complaint, and OCR will not provide him a copy unless he submits a request via the Freedom of Information Act. However. even if he submits a request via the Freedom of Information Act, we likely would not release it until any investigation we pursued was complete. Best, TiShaunda From1(b)(6); I Sent: Wednesday, March 2013 7:04 PM To: McPherson. TiShaunda Subject: Re: OCR Complaint The Dean wants me to email him my complaints that I sent in. Should I do that or not? I told him we could try to do the mediation part if the DOE does intervene and see how things go from there. He wanted me to tell him the latest complaint but I didn't want to tell him since it involved him. He didn't seem mad about it and he was very calm. which is a plus. fax you the signature tomorrow. From: McPherson TiShaunda il 0' Date: Wed. 6 Mar 17:19:43 (C) I Subject: OCR Complaint Hi Thank you for speaking with me today. My contact information is below. Please fax me your signed consent form so we can continue processing your complaint. Best, TiShaunda McPherson Civil Rights Attorney US. Department of Education Office for Civil Rights Citigroup Center 500 West Madison Street Chicago. IL 6066i (312) 730-]560 (main) (312) 7304633 (office) (3 I 2) 730-1576 (fax) 'l o: From; (WHO To: Ms?mmliibaunda Subject: RE: OCR Complaint Date: Wednesday, April 10, 2013 10:29:13 AM Hello, Just a small update and some questions. I have been talking to a reporter for several months now from thelmxe); . He is the one that directed me to the DOE. i told him that I think I will let them publish a story of what has happened to me here at the school such as how I was treated and how I wasn't afraid to let the school know that they did wrong and should take responsibility for what they did, but I'm not for sure if this is something that will interfere with the DOE's investigation or if it's something I can't do until after the case is closed. I do not want to mess anything up in this process. Also, if is possible for me to make a deal with the school to re-do the sexual assault case but with outside people doing it and request this individual not be able to live on campus/be on campus outside of class hours or is that not something that a deal is allowed to be made on? I'd prefer someone not interested in the school or either party in the case, so it is fair and not biased. And, I have talked to the dean some more and told him I will not be willing to talk about what happened that night in front of a bunch of people. He didn't really understand why I would not want to because he said if it pertained to the case then I would have to in order for both parties to understand what was going on. I told him they could always read my reports that I filed and that I can always write down what happened that night again, but still would not speak about it in front of a bunch of strangers. Just the thought of having to talk about it again is giving me terrible nightmares and panic attacks. I have not fully recovered from the assault, and not for sure if I will, but talking about it to the people that made it even worse just seems to unsettle me even more. He also asked me why I did not come to the school first with my complaints and when I told him I did he asked who I talked to. I told him several people that would include WHO) I then proceeded to tell him that everyone buasically told me to get over it and nothing else could be done. He did not comment on it anymore after that and ended our conversation. From: To: Tishaunda.McPherson@ed.gov Date: Mon, 1 Apr 2013 20:51:41 +0000 Subject: Re: OCR Complaint 6' 70 I have the names of some. WW0) II was also told by them that they are shredding more tomorrow. From: McPherson TiShaunda Date: Mon, 1 Apr 2013 20:31:22 To; Subject: RE: OCR Complaint I am free at 10 am. From Sent: Monday, April 01, 2013 3:26 PM To: McPherson, TiShaunda Subject: Re: OCR Complaint I can call any time from 10-12. And I forgot about the freedom of info act. Let me know if those times work and I can ask them to let me know their policy. From: McPherson TiShaunda Date: Mon, 1 Apr 2013 20:08:45 rows); Subject: RE: OCR Complaint I will not be in the office tomorrow. You can call me on Wednesday. Please let me know what time you're thinking. Also, I do not know the College's policies for providing paperwork/investigative files, so I cannot tell you whether the College is supposed to provide that information to you, or how. That would be part of our investigation. Also, when we last spoke, I told you that if the College provided documents to us, you would have to submit a Freedom of Information Act request to obtain them, assuming that there are not any exceptions to providing them. Also, all personally identifiable information would be redacted from the documents. I can explain this all again when we talk on Wednesday. Fr0m1(b)(6); Sent: Monday, April 01, 2013 3:02 PM To: McPherson, TiShaunda Subject: Re: OCR Complaint I can call you tomorrow and we can go over it. I still am not for sure if I do want to mediate myself. But, it'll help if I know more about the process. Also, lam asking the Dean for copies of all my paperwork and was wanting to make sure that it is something that I can ask for and they have to give me. I remember you telling me that I can get them through your office when they get them, but I wasn't for sure if he has to give them to me if I ask for them again. From: McPherson TiShaunda Date: Mon, 1 Apr 2013 19:53:49 (WHO I Subject: RE: OCR Complaint I am actually still waiting on approval for what allegations will be opened. As soon as find out, I'll let you know. Once the case is officially opened, we will ask the College if they're willing to participate in mediation. One of our facilitators will contact you to explain the process. lfyou'd like, you can call me and I can go over the mediation process with you before that. TiShaunda McPherson From; (bxnc) Sent: Monday, April 01, 2013 2:41 PM To: McPherson, TiShaunda Subject: Re: OCR Complaint Hello, I'll collect the names of some people and let them know they can contact the DOE. Also, I was wondering if I could know what was approved for investigating and what I can and can't ask for during mediate. Message-?-?- From: McPherson TiShaunda Date: Mon, 1 Apr 2013 19:29:43 I Subject: RE: OCR Complaint Thank you for your email. As part of our investigation, we will give you an opportunity to respond to the data the College submits. So, if we have questions about the documents or if there appears to be missing, misleading, or incomplete information, you will be able to let us know. Also, we'll conduct interviews with College staff so we will ask them about missing, misleading or incomplete information. If you have a list of individuals you think would be willing to speak with us, please let us know. Also, if any of the other individuals would like to file a complaint with our office, please let them know that they can. If you have any other questions or concerns, please feel free to email or call me. Best TiShaunda McPherson From (bxs); Sent: sunday, March 31, 2013 6:01 PM To: McPherson, TiShaunda Subject: RE: OCR Complaint Hello, I have a serious update. My friend has told me some very important news. They asked me not to say their name (bxm) am also afraid they may have shredded some of my paper work that might be important to the case. Since I was denied any copies of my paperwork, I am extremely worried that they may pick and chose things to shred in order to avoid getting into trouble and make me look like a bad person. I'm not for sure what to do. From: To:tishaundamcpherson@edgov Subject: RE: OCR Complaint Date: Wed, 20 Mar 2013 12:23:02 -0600 Thank you very much for all your help. It makes me feel better about the situation now that I am being treated like a person and notjust a number. I truly do appreciate it. From: Tishaunda.McPherson@ed.gov To I Date: Wed, 20 Mar 2013 13:08:29 -0500 Subject: RE: OCR Complaint HI We've reviewed your complaint. lam waiting for management approval to open it before sending out correspondence to you and the College. I'm hoping to get a letter to you next week. Thanks, TiShaunda From: (WHO Sent: Wednesday, March 20, 2013 1:05 PM To: McPherson, TiShaunda Subject: RE: OCR Complaint Hello! I was just checking in to see if there were any updates From: Tishaunda.McPherson@ed.gov (bxnc) I Date: Mon, 11 Mar 2013 13:36:27 -0500 Subject: RE: OCR Complaint HI $210 got it. Thanks. (WHO From Sent: Monday, March 11,2013 12:59 PM To: McPherson, TiShaunda Subject: RE: OCR Complaint I faxed over the signature page last week. Let me know if you got it! (WHO From: Date: Ihu, Mar 2015 10:50:25 Subject: RE: OCR Complaint Hi That's up to you. You do not have to provide him a copy of the complaint, and OCR will not provide him a copy unless he submits a request via the Freedom of Information Act. However, even if he submits a request via the Freedom of Information Act, we likely would not release it until any investigation we pursued was complete. Best, TiShaunda (C) From: Sent: Wednesday, March 06,2013 7:04 PM To: McPherson, TiShaunda Subject: Re: OCR Complaint The Dean wants me to email him my complaints that I sent in. Should I do that or not? I told him we could try to do the mediation part ifthe DOE does intervene and see how things go from there. He wanted me to tell him the latest complaint but I didn't want to tell him since it involved him. He didn't seem mad about it and he was very calm, which is a plus. I'll fax you the signature tomorrow. (bxe); 2 From: McPherson TiShaunda Date: Wed, 6 Mar 2013 17:19:43 Subject: OCR Complaint HI Thank you for speaking with me today. My contact information is below. Please fax me your signed consent form so we can continue processing your complaint. Best, TiShaunda McPherson Civil Rights Attorney US. Department of Education Office for Civil Rights Citigroup Center 500 West Madison Street Chicago, IL 60661 (312) 730-1560 (main) (312) 730-1633 (office) (312) 730-1576 (fax) From: McPherson, TiShaunda To: Subject: RE: Semester Date: Wednesday, May 01, 2013 10:03:00 AM Hi ljust got an email from management concerning your case. They are reviewing it now. I?m hoping to have approval by next week so we can get the ball rolling. Best, TiShaunda I Sent: Tuesday, April 30, 2013 11:40 AM To: McPherson, TiShaunda Subject: Semester Hello, Just letting you know we only have four weeks of classes left, sol am not for sure if we can make any appointments this semester when things are approved. From: McPherson, TiShaunda To: b6'b7C Subject: RE: Semester Date: Thursday, May 09, 2013 4:57:00 PM . H1 (C) I haven't gotten a response yet, but will follow-up again tomorrow. Best. TiShaunda McPherson From: I Sent: hursday, May 09, 2013 4:15 PM To: McPherson, TiShaunda Subject: RE: Semester Hello. Have you heard from management yet? "McPherson, TiShaunda" wrote: >Hi (bxs); (bxnc) just got an email from management concerning your case. They are reviewing it now. I'm hoping to have approval by next week so we can get the ball rolling. >Best, >TiShaunda I >Sent: Tuesday, April 30, 2013 1 1:40 AM >To: McPherson, TiShaunda >Subject: Semester >Hello, >Just letting you know we only have four weeks of classes left, so I am not for sure if we can make any appointments this semester when things are approved. May 22, 2013 Dr. Sue DeWine President Hanover College 484 Ball Drive Hanover, Indiana 47243 Re: OCR #05-13-2112 Dear Dr. DeWine: This is to notify you that the US. Department of Education (Department), Of?ce for Civil Rights (OCR), has received and evaluated the above-referenced complaint ?led with OCR on February 21, 2013, against Hanover College (College) alleging retaliation. We conducted the evaluation in accordance with Case Processing Manual to determine whether to open the complaint for investigation. We have determined that we have the authority to investigate this complaint. The complaint alleges that in the College subjected a female student (Student A) to retaliation for filing a sexual harassment grievance with the College when it refused to provide Student A a copy of its investigative ?le concerning her grievance and it denied Student (WHO OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 U.S.C. 1681, and its implementing regulation at 34 C.F.R. Part 106. Title IX prohibits retaliation and discrimination based upon sex in any educational program or activity operated by a recipient of Federal financial assistance. As a recipient of Federal ?nancial assis- tance from the Department, the College is subject to this law. 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 the allegation for investigation. Please note that opening the allegation 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-finder, 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. Page 2 - Dr. Sue DeWine OCR offers, when appropriate, an Early Complaint Resolution (ECR) process to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegation. Some information about the ECR process is in the enclosure to this letter. In addition, when appropriate, a complaint may be resolved before the conclusion of an investigation when the recipient expresses an interest to resolve the complaint. In such cases, a resolution must be aligned with the complaint allegation or the information obtained during the investigation and it must be consistent with applicable regulations. Information about this is in the enclosure to this letter. Please read the enclosed document entitled Complaint Processing Procedures,? which includes information about: complaint processing procedures, including the availability of 0 Regulatory prohibitions against retaliation and intimidation of persons who ?le complaints with OCR or participate in an OCR investigation; and 0 Application of the Freedom of Information Act and the Privacy Act to OCR investigations. OCR intends to conduct a prompt investigation of this complaint. The regulation implementing Title VI of the Civil Rights Act of 1964, at 34 C.F.R. 100.6(b) and requires that a recipient of Federal financial assistance make available to OCR information that may be pertinent to a compliance determination. This requirement is incorporated by reference in the Title IX regulation at 34 C.F.R. 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 (FERPA), 20 U.S.C. 1232g, OCR may review personally identifiable records without regard to considerations of privacy or con?dentiality. Accordingly, OCR requests that you provide the following information to us within fifteen (15) calendar days. Wherever possible, please provide the requested information in electronic format. If responsive data are available through the Internet, provide the link to the data. 1. A narrative response to the complaint allegation. 2. A copy of the College?s policies prohibiting retaliation for ?ling a grievance or for participating in an investigation. 3. A copy of the College?s policy for provision of investigative files to parties in a student grievance. 4. A copy of all requests by Student A for a copy of the investigative ?le concerning her grievance, the College?s response to each request, and, if the College denied any requests by Student A for the ?le, the reason(s) why. Page 3 - Dr. Sue DeWine 5. A narrative statement indicating whether the College provided the investigative file in Student A?s grievance to the male student she alleged assaulted her and, if so, the reason(s) why. 6. A copy of the College?s policies and procedures for assigning including any guidelines for determining student eligibility for such (WHO) 7. The name and contact information of the College?s staff or administration responsible for determining (DWC) ligibility, and for assigning students to (0) 8. If Student A was denied we); (WHO) Ifor [the reason(s) why she was deniedl(b)(6); Ithe name(s) of the individual(s) who denied he (W7 nd a copy of any policies and procedures applicable to this denial, if not included in the response to item 9. A list of all undergraduate students in the 2012-2013 academic year who were denied (WW3) or the same reason(s) as Student A, and an indication of whether any of ese stuents ad previously filed a grievance with the College. 10. If not included in the response to the above items, all other documents in the College?s possession relevant to the allegation in this complaint. 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. If an on- site visit is necessary, we will work to schedule a mutually convenient time for the visit. Please notify OCR of the name, address, and telephone number of the person who will serve as the College?s contact person during the processing of this complaint. We would like to talk with this person as soon as possible to discuss the processing of this complaint and we will, at that time, identify Student A. OCR is committed to prompt and effective services. If you have any questions, please contact TiShaunda McPherson, Civil Rights Attorney, at (312) 730-1633 or by email at TiShaunda.McPherson@ed.gov. Sincerely, Jeffrey Tumbull Team Leader Enclosure May 22, 2013 Re: OCR #05-13-2112 b6?b7C This is to notify you that the US. Department of Education (Department), Of?ce for Civil Rights (OCR), has carefully evaluated one allegation in the above?referenced complaint you filed with OCR on February 21, 2013, against Hanover College (College) alleging discrimination on the basis of sex and also alleging retaliation. We conducted the evaluation in accordance with Case Processing Manual to determine whether to open the complaint for investigation. We have determined that we have the authority to investigate the retaliation allegation in your complaint and are still evaluating the other allegation, as set forth below. The complaint alleges that: 1. During thcademic year, the College subjected you to discrimination on the basis of sex when a male student at the College sexually assaulted you, and the College was aware of the assault but did not respond appropriately; and 2. in (?17 the College subjected you to retaliation for ?ling a sexual harassment grievance with the College when it refused to provide you a copy of its investigative file concerning your grievance and denied OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 U.S.C. 1681, and its implementing regulation at 34 C.F.R. Part 106. Title IX prohibits retaliation and discrimination based upon sex in any educational program or activity operated by a recipient of Federal financial assistance. As a recipient of Federal financial assis- tance from the Department, the College is subject to this law. OCR is continuing to evaluate allegation #1 in your complaint and will advise you once a determination is made regarding whether OCR will open this allegation for investigation. Because OCR has determined that it has jurisdiction and that allegation #2 was ?led timely, it is opening the allegation for investigation. Please note that opening the allegation 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-finder, collecting and analyzing relevant evidence from the Page 2 - 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. OCR offers, when appropriate, an Early Complaint Resolution (ECR) process to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegation. Some information about the ECR process is in the enclosure to this letter. In addition, when appropriate, a complaint may be resolved before the conclusion of an investigation when the recipient expresses an interest to resolve the complaint. In such cases, a resolution must be aligned with the complaint allegation or the information obtained during the investigation and it must be consistent with applicable regulations. Information about this is in the enclosure to this letter. OCR is committed to prompt and effective service. If you are interested in resolving your complaint through ECR process or have any questions, please contact TiShaunda McPherson, Civil Rights Attorney, at (312) 730-1633 or by email at TiShaunda.McPherson@edgov. Sincerely, Jeffrey Turnbull Team Leader Enclosure UNITED STATES DEPARTMENT OF EDUCATION REGION OFFICE FOR CIVIL RIGHTS ILLINOIS INDIANA 500 WEST MADISON ST, SUITE 1475 IOWA CHICAGO, IL 60661-4544 MINNESOTA NORTH DAKOTA May 223 2013 WISCONSIN Re: OCR #05-13-2112 Dear This is to notify you that the US. Department of Education (Department), Of?ce for Civil Rights (OCR), has carefully evaluated one allegation in the above-referenced complaint you ?led with OCR on February 21, 2013, against Hanover College (College) alleging discrimination on the basis of sex and also alleging retaliation. We conducted the evaluation in accordance with Case Processing Manual to determine whether to open the complaint for investigation. We have determined that we have the authority to investigate the retaliation allegation in your complaint and are still evaluating the other allegation, as set forth below. The complaint alleges that: 6' 1. During the ( academic year, the College subjected you to discrimination on the basis of sex when a male student at the College sexually assaulted you, and the College was aware of the assault but did not respond appropriately; and 2. i Egg); (mg the College subjected you to retaliation for ?ling a sexual harassment grievance With the College when it refused to provide you a copy of its investigative ?le concerning your grievance and denied OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 U.S.C. 1681, and its implementing regulation at 34 CPR. Part 106. Title IX prohibits retaliation and discrimination based upon sex in any educational program or activity operated by a recipient of Federal ?nancial assistance. As a recipient of Federal ?nancial assis- tance from the Department, the College is subject to this law. OCR is continuing to evaluate allegation #1 in your complaint and will advise you once a determination is made regarding whether OCR will Open this allegation for investigation. Because OCR has determined that it has jurisdiction and that allegation #2 was ?led timely, it is opening the allegation for investigation. Please note that opening the allegation 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 The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. gov Page 2 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. OCR offers, when appropriate, an Early Complaint Resolution (ECR) process to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegation. Some information about the ECR process is in the enclosure to this letter. In addition, when appropriate, a complaint may be resolved before the conclusion of an investigation when the recipient expresses an interest to resolve the complaint. In such cases, a resolution must be aligned with the complaint allegation or the information obtained during the investigation and it must be consistent with applicable regulations. Information about this is in the enclosure to this letter. OCR is committed to prompt and effective service. If you are interested in resolving your complaint through ECR process or have any questions, please contact TiShaunda McPherson, Civil Rights Attorney, at (312) 730-1633 or by email at TiShaunda.McPherson@ed.gov. cerely, effrey Tumbull Team Leader Enclosure UNITED STATES DEPARTMENT OF EDUCATION REGION 9* OFFICE FOR CIVIL RIGHTS ILLINOIS INDIANA 8* 500 WEST MADISON ST., SUITE 1475 IOWA ?We? CHICAGO, IL60661-4544 MINNESOTA DAKOTA WISCONSIN May 22, 2013 Dr. Sue DeWine President Hanover College 484 Ball Drive Hanover, Indiana 47243 Re: OCR #05-13-2112 Dear Dr. DeWine: This is to notify you that the US. Department of Education (Department), Of?ce for Civil Rights (OCR), has received and evaluated the above-referenced complaint ?led with OCR on February 21, 2013, against Hanover College (College) alleging retaliation. We conducted the evaluation in accordance with Case Processing Manual to determine whether to open the complaint for investigation. We have determined that we have the authority to investigate this complaint. The complaint alleges that inthe College subjected a female student (Student A) to retaliation for ?ling a sexual harassment grievance with the College when it refused to provide Student A a co of its investigative ?le concerning her grievance and it denied Student A (OWE) OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 U.S.C. 1681, and its implementing regulation at 34 CPR. Part 106. Title IX prohibits retaliation and discrimination based upon sex in any educational program or activity operated by a recipient of Federal ?nancial assistance. As a recipient of Federal ?nancial assis- tance from the Department, the College is subject to this law. 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 the allegation for investigation. Please note that opening the allegation 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. The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. gov Page 2 - Dr. Sue DeWine OCR offers, when appropriate, an Early Complaint Resolution (ECR) process to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegation. Some information about the ECR process is in the enclosure to this letter. In addition, when appropriate, a complaint may be resolved before the conclusion of an investigation when the recipient expresses an interest to resolve the complaint. In such cases, a resolution must be aligned with the complaint allegation or the information obtained during the investigation and it must be consistent with applicable regulations. lnforrnation about this is in the enclosure to this letter. Please read the enclosed document entitled Complaint Processing Procedures,? which includes information about: - complaint processing procedures, including the availability of 0 Regulatory prohibitions against retaliation and intimidation of persons who ?le complaints with OCR or participate in an OCR investigation; and 0 Application of the Freedom of Information Act and the Privacy Act to OCR investigations. OCR intends to conduct a prompt investigation of this complaint. The regulation implementing Title VI of the Civil Rights Act of 1964, at 34 C.F.R. 100.6(b) and (0), requires that a recipient of Federal ?nancial assistance make available to OCR information that may be pertinent to a compliance determination. This requirement is incorporated by reference in the Title IX regulation at 34 C.F.R. 106.71. Pursuant to 34 C.F.R. 100.6(0) and 34 C.F.R. of the regulation implementing the Family Educational Rights and Privacy Act (F ERPA), 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 you provide the following information to us within ?fteen (15) calendar days. Wherever possible, please provide the requested information in electronic format. If responsive data are available through the Internet, provide the link to the data. 1. A narrative response to the complaint allegation. 2. A copy of the College?s policies prohibiting retaliation for ?ling a grievance or for participating in an investigation. 3. A copy of the College?s policy for provision of investigative ?les to parties in a student grievance. 4. A copy of all requests by Student A for a copy of the investigative ?le concerning her grievance, the College?s response to each request, and, if the College denied any requests by Student A for the ?le, the reason(s) why. Page 3 - Dr. Sue DeWine 5. A narrative statement indicating whether the College provided the investigative ?le in Student A?s grievance to the male student she alleged assaulted her and, if so, the reason(s) why. 6. A co - of the College?s policies and procedures for assigning IleB); (WHO) (W7 ncluding any guidelines for determining student eligibility for suchlEtgfs)? (ma 7. The name and contact information of the College?s staff or administration responsible for determining (WHO) leligibility, and for assigning students (C) I 8. If Student A was denied or the reason(s) wh she was denie (mmc) the name(s) of the individual(s) who denied her (9) nd a copy of any policies and procedures applicable to this denial, if not included in the response to item 9. A list of all undergraduate students in the 2012-2013 academic year who were denied (b Ifor the same reason(s) as Student A, and an indication of whether any of these students had previously ?led a grievance with the College. 10. If not included in the response to the above items, all other documents in the College?s possession relevant to the allegation in this complaint. 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. If an on- site visit is necessary, we will work to schedule a mutually convenient time for the visit. Please notify OCR of the name, address, and telephone number of the person who will serve as the College?s contact person during the processing of this complaint. We would like to talk with this person as soon as possible to discuss the processing of this complaint and we will, at that time, identify Student A. OCR is committed to prompt and effective services. If you have any questions, please contact TiShaunda McPherson, Civil Rights Attorney, at (312) 730-1633 or by email at TiShaunda.McPherson@ed. gov. Sincerely, WW Jeffrey Tumbull Team Leader Enclosure June 10' 2013 (bitfilitb Re: OCR #057l3r2l12 Dem-- Thix is to notify you that the U.S. Department of Education (Department), Office for Civil Rights (OCR), has carefully evaluated the above-referenced complaint you filed with OCR on February 21. 2013. aglt Hanover College (College) alleging ditcriminzttion on the sis of sex and also alleging retaliation. We conducted the evaluation in accordance with OCR's Crue Processing Marlqu to determine whether to open the complaint for investigation. We have determined that we have the authority to investigate one allegation in your complaint, as you were prevtously informed. and are dismissing the other allegationt 2" set forth below The complaint alleges that: l. During themacademic year, the College subjected you to discrimination on the ha of sex when a male student at the College sexually assaulted you, and the College was aware of the asaault but did not reapund appropriately: and 2. in he College subjected you to retaliation for filing a sexual hara merit grievance with the College when it refused to provide you a copy orits investigative rile concerning your grievance and denied you OCR is responsible for enforcing Title IX of the Education Amendmentx of 1972 (Title as amended 20 U. C. 168]. and its implementing regulation at 34 Part 106. Title IX prohibits retaliation and discrimination based upon sex in any educational program or activity opetatcd by a recipient of Federal financ lassistancc. As it recipient of Federal financial assis- tance from the Department the College is subject to this law OCR informed you by letter May 22, 2013, that It was opening allegation #2 for investigation. With regard to allegation according to applicable regulations. a complaint must be filed not later than 180 days from the date of the alleged discrimination Pur~uant It) the regulations and OCR's case processing procedures. OCR may grant a waiver or the 180rday tiling requirement for good cause shown. such as when the complainant filed within the lso-day period. an iniemal grievance alleging the same discriminatory Conduct that is the subject of the OCR complaint, and the OCR complaint is filed no later than 60 days after the internal grievance was concluded. Page 2 (bxe); You ?led your complaint with OCR more than 180 days after the alle ed sexual assault in and the College?s response to the assault which ended into therefore, allegation #1 in your complaint was not ?led in a timely manner. You requested a waiver of the l80-day filing requirement, informing OCR that you were unaware of the 180-day filing requirement. That reason is not an acceptable basis under case processing procedures to grant a waiver of the ISO-day ?ling requirement. You also indicated that you ?led an internal grievance with the College about the assault and that the Colle res onded by investigating the alleged assault and conducting a caring on the matter in You said the College determined that no sexual assault occurred and provided you written nding and that you appealed the decision. You told OCR that your appeal was denied 53(6); (W7 As such, in addition to not ?ling your OCR complaint within the ISO-day filing period, you did not file the present OCR complaint within 60 days of your appeal being denied. Therefore, your internal grievance does not provide a basis for granting a waiver. OCR recognizes your concern about what occurred to you during thecademic year. However, based on the above, the reasons you provided for requesting a waiver are not acceptable bases under case processing procedures to grant a waiver of the ISO?day ?ling requirement. OCR is therefore dismissing allegation #1 of your complaint, effective the date of this letter. OCR will continue to investigate allegation #2 of your complaint. If you have any questions, please contact TiShaunda McPherson, Civil Rights Attorney, at (312) 730-1633 or by email at TiShaundaMcPherson@ed.gov. Sincerely, Jeffrey Tumbull Team Leader UNTT ED STATES DEPARTMENT OF EDUCATION REGION OFFICE FOR CIVIL RIGHTS ILLINOIS INDIANA 500 WEST MADISON ST, SUITE 1475 IOWA CHICAGO, IL 60661 4544 MINNESOTA NORTH DAKOTA June 10, 3 WISCONSIN (C) Re: OCR #05-13-2112 Dea This is to notify you that the US. Department of Education (Department), Of?ce for Civil Rights (OCR), has carefully evaluated the above-referenced complaint you ?led with OCR on February 21, 2013, against Hanover College (College) alleging discrimination on the basis of sex and also alleging retaliation. We conducted the evaluation in accordance with Case Processing Manual to determine whether to open the complaint for investigation. We have determined that we have the authority to investigate one allegation in your complaint, as you were previously informed, and are dismissing the other allegation, as set forth below. The complaint alleges that: 1. During theacademic year, the College subjected you to discrimination on the basis of sex when a male student at the College sexually assaulted you, and the College was aware of the assault but did not respond appropriately; and 2. inlEE??sl; the College subjected you to retaliation for ?ling a sexual harassment grievance with the College when it refused to provide ou a co of 'ts investigative ?le concerning your grievance and denied you lama)? (Win) OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 U.S.C. 1681. and its implementing regulation at 34 CPR. Part 106. Title IX prohibits retaliation and discrimination based upon sex in any educational program or activity operated by a recipient of Federal ?nancial assistance. As a recipient of Federal ?nancial assis- tance from the Department, the College is subject to this law. OCR informed you by letter May 22, 2013, that it was opening allegation #2 for investigation. With regard to allegation according to applicable regulations, a complaint must be ?led not later than 180 days from the date of the alleged discrimination. Pursuant to the regulations and case processing procedures, OCR may grant a waiver of the ISO-day ?ling requirement for good cause shown, such as when the complainant ?led, within the 180-day period, an internal grievance alleging the same discriminatory conduct that is the subject of the OCR complaint, and the OCR complaint is ?led no later than 60 days a?er the internal grievance was concluded. The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. . gov Page 2 -- You filed your complaint with OCR more than 130 days after the alle ed sexual assault and the College's response to the assault which ended intomlfl therefore, allegation #l in your complaint was not filed in a timely manner, You reque a waiver ofthe lso-day filing requirement, informing OCR that you were unaware or the lSO-day filing requirement. That reason is not an acceptable basis under OCR's case processing procedures to grant a waiver ofthe l80rday filing requirement You also indicated that you filed an lntemal grievance with the College about the assault in and that the Colle res ended by investigating the alleged assault and Conducting a hearing on the matter inwefll You said the College determined that no sexual assault occurred and provided you i . finding and that you appealed the decision. You told OCR that your appeal was denied As such in addition to not filing your OCR complaint within the 180~day filing period, you did not file the present OCR complaint within on days of your appeal being denied, Therefore, your internal grievance does not provide a basis for granting a waiver OCR recognizes your concern about what occurred to you during theMcademic year However based on the above. the reasons you provided for requesting a waiver are not acceptable bases under OCR's case processing procedures to grant a waiver ofthe ISO-day filing requirement OCR is therefore dismissing allegation #l ofyour complaint. effective the date of this letter OCR will continue to investigate allegation #2 ofyour complaint If you have any questions. please contact TiShaunda McPherson. Civil Rights Artemey. at (312) 730-1633 or by email at ineerely, fl, Tut/M /refrrey Tumbull Team Leader September 6, 2013 Dr. Sue DeWine President Hanover College 484 Ball Drive Hanover, Indiana 47243 Re: OCR Docket #05-13-21 12 Dear Dr. DeWine: On February 21, 2013, the US. Department of Education, Of?ce for Civil Rights (OCR), received the above-referenced complaint ?led with OCR against Hanover College (College) alleging retaliation. Speci?cally, the complaint alleged that in the College subjected a female student (Student A) to retaliation for ?ling a sexual harassment grievance with the College when it refused to arovide Student A a copy of its investigative ?le concerning her grievance and denied Student A OCR was advised that Student A and the College signed an agreement which the parties agree resolves the complaint. A copy of the agreement is enclosed. OCR is, therefore, closing the complaint effective the date of this letter. We appreciate your willingness to have this complaint mediated and are pleased that we were able to help you resolve this matter. Please note that OCR is not a party to the agreement and will not monitor the agreement. If the College fails to implement the agreement, Student A may file a new complaint with OCR. Consistent with our complaint procedures, OCR would address the complaint allegations, and not the alleged breach of the agreement. If you have any questions, please contact TiShaunda McPherson, Civil Rights Attorney, at (312) 730-1633 or by e-mail at TiShaunda.McPherson@ed. gov. Sincerely, Jeffrey Tumbull Team Leader Enclosure September 6, 2013 (C) Re: OCR Docket #05-13-21 12 at On February 21, 2013, the US. Department of Education, Of?ce for Civil Rights (OCR), received the above-referenced complaint you ?led with OCR against Hanover College (College) alleging retaliation. (C) Speci?cally, the complaint alleged that in the College subjected you to retaliation for ?ling a sexual harassment grievance with the College when it refused to provide you a copy of its investigative file concerning your grievance and denied you (WHO) OCR was advised that you and the College signed an agreement which the parties agree resolves the complaint. A copy of the agreement is enclosed. OCR is, therefore, closing the complaint effective the date of this letter. We appreciate your willingness to have this complaint mediated and are pleased that we were able to help you resolve this matter. Please note that OCR is not a party to the agreement and will not monitor the agreement. If the College fails to implement the agreement, you may ?le a new complaint with OCR. Consistent with our complaint procedures, OCR would address the complaint allegation(s), and not the alleged breach of the agreement. If you have any questions, please contact TiShaunda McPherson, Civil Rights Attorney, at (312) 730-1633 or by e-mail at TiShaunda.McPherson@ed.gov. Sincerely, Jeffrey Tumbull Team Leader Enclosure ED STATES DEPARTMENT OF EDUCATION REGION OFFICE FOR CIVIL RIGHTS XLUNOIS INDIANA 500 WEST MADISON ST., SUITE 1475 IOWA CHICAGO, IL 60661-4544 MINNESOTA NORTH DAKOTA September 6, 2013 wrsconsm Dr. Sue DeWine President Hanover College 484 Ball Drive Hanover, Indiana 47243 Re: OCR Docket #05-13-21 12 Dear Dr. DeWine: On February 21, 2013, the US. Department of Education, Of?ce for Civil Rights (OCR), received the above-referenced complaint ?led with OCR against Hanover College (College) alleging retaliation. Speci?cally. the complaint alleged that in $29; Ithe College subjected a female student (Student A) to retaliation for ?ling a sexual harassment grievance with the College when it refused to provide Student A a copy of its investigative ?le concerning her grievance and denied Student OCR was advised that Student A and the College signed an agreement which the parties agree resolves the complaint. A copy of the agreement is enclosed. OCR is, therefore, closing the complaint effective the date of this letter. We appreciate your willingness to have this complaint mediated and are pleased that we were able to help you resolve this matter. Please note that OCR is not a party to the agreement and will not monitor the agreement. If the College fails to implement the agreement, Student A may ?le a new complaint with OCR. Consistent with our complaint procedures, OCR would address the complaint allegations, and not the alleged breach of the agreement. If you have any questions, please contact TiShaunda McPherson, Civil Rights Attorney, at (312) 730-1633 or by email at TiShaunda.McPherson@ed.gov. 'n ely, la ffrey Turnbull Team Leader Enclosure The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. UNITED STATES DEPARTMENT OF EDUCATION REGION OFFICE FOR CIVIL RIGHTS ILLINOIS INDIANA 500 WEST MADISON ST., SUITE 1475 IOWA CHICAGO, IL 60661-4544 MINNESOTA NORTH DAKOTA WISCONSIN September 6, 2013 (C) Re: OCR Docket #05-13-21 12 Dear On February 21, 2013, the US. Department of Education, Of?ce for Civil Rights (OCR), received the above-referenced complaint you ?led with OCR against Hanover College (College) alleging retaliation. Speci?cally, the complaint alleged that in (W7 the College subjected you to retaliation for ?ling a sexual harassment grievance with ege when it refused to provide you a copy of its investigative ?le concerning your grievance and denied you OCR was advised that you and the College signed an agreement which the parties agree resolves the complaint. A copy of the agreement is enclosed. OCR is, therefore, closing the complaint effective the date of this letter. We appreciate your willingness to have this complaint mediated and are pleased that we were able to help you resolve this matter. Please note that OCR is not a party to the agreement and will not monitor the agreement. If the College fails to implement the agreement, you may ?le a new complaint with OCR. Consistent with our complaint procedures, OCR would address the complaint allegation(s), and not the alleged breach of the agreement. If you have any questions, please contact TiShaunda McPherson, Civil Rights Attorney, at (312) 730?1633 or by e-mail at frey Tumbull Team Leader Enclosure The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. gov Earlv Complaint Resolution Agreement Hanover College OCR Docket 05-13-2112 Hanover College (?College?) and mm (mm) (?Complainant?) mutually agree to enter into this Resolution Agreement (?Agreement?), as part of the US. Department of Education, Of?ce for Civil Rights (OCR) Early Complaint Resolution (ECR) process, to mutually resolve the issues the Complainant raised in complaint 05-13-2112 ?led with OCR on behalf of the Complainant. The Parties also agree to the following: College agrees to take the following actionsCollege Will permit Complainant to If Complainant completes and turns in to COlngu requucu application a paperwork, attached as Exhibit A to this Agreement, and abides by at New? policies and rules, attached as Exhibit to the Agreement. 2. If Complainant applies ICollcge will permit Complainant to submit her application for directly to the College President. The President will review the application 01 ojectively and without reference to events underlying this Complaint and will no 1 tie ?omplainant of the College?s decision. 3. If Complainant Ilbxe); (male) College will ban Student from visiting the (WW3) itall/building/facility in which Complainant (C) 4. Should Complainant?s attorney provide a written request to College for access to the investigative file maintained by the College regarding Complainant? internal grievance, including all transcripts or recordings of any procee re ated to the internal grievance, College Will respond to attorney?s request within a reasonable period of time, but not more than 30 calendar days after it receives the request. College will respond to the request in accordance with its usual policy and practice for responding to requests for access to investigative files relating to student disciplinary proceedings, and in accordance with the requirements of the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g (FERPA) and its implementing regulations at 34 CPR. Part 99. If the College grants attorney?s request for access, the College will permit the attorney to review the tile for a length of time agreed by the parties and to take written notes that attorney may deem necessary to take in her review of the tileProtessor ( revxew the Investigative tile for Complainant's( X7 internal grievance that alleges sexual assault, will meet with Complainant at a time and setting mutually agreed upon, will point out shortcomings, if any, she may identify with College?s investigation and review of ?ndings relating to the grievance, and, if applicable, will make recommendations to the College President to address the shortcomings. Professor will issue a written report of her ?ndings, including any EC Agreement OCR Docket #05?13-21 12 Page 2 of 3 recommendations, to the College President by October 15, 201" vill give serious consideration to all recommendations made by Professor 6. Complainant may submit to 'by September 15, 2013, a formal written complaint regarding alleged ongoing harassment and retaliation that started in the Ilblw); and is continuing to the present. 7. Consideration of the formal complaint referenced in Item 6 will proceed in accordance with the standards set forth in the College?s Student Harassment Policy (available at: harassment current as of August 20, 2012, with the following two exceptions: 1) The individuals selected for the Community Board of Standards (Board) will not include the Dean ndividuals who served on the Board for the Complainant?s previous interna grievance, or any of the Complainant?s current College instructors, and 2) After the outcome of the Board?s hearing, Complainant will have the right to appeal to the Chief Judicial Of?cer. If the Board determines that harassment or retaliation occurred or is occurring, the Board will take appropriate action consistent with its disciplinary policies and procedures as well as its Student Harassment Policy. The Board will determine which sanctions should be levied against any student(s) responsible for or involved in the harassment or retaliation of Complainant, which may include probation, ?nes, parental notification, suSpension, and or expulsion. The Board will also determine which re re easures should be made available to grade accommodations (such as providing gra 1 i regard to certain classes), and other considerations. 8. By October 1, 2013 College will provide training to all College Campus Safety staff, all Of?ce of Student Life staff, and all faculty/staff/administrators involved in the investigation and hearing of sexual harassment grievances filed by students. The training will address how to react appropriately to individual reports of sexual harassment grievances and how to conduct and document adequate, reliable, and impartial sex harassment investigations, including the appropriate legal standards to apply in such investigations. The training will inform staff that students who repOrt an incident related to a charge of sexual harassment are not required to sign a confidentiality agreement or any other document that would preclude the student from reporting the incident to law enforcement authorities. 9. By October 5, 2013 College will provide Complainant documentation indicating the date of the training referenced in Item 8 above, a list of the trainers, topics covered during the training, and copies of the materials used in the training. 10. College agrees to enforce the ?no contact? order in place between Complainant and another College student as long as the order is in effect. The Complainant agrees to take the following actions: ECR Agreement OCR Docket #05-13-21 12 Page 3 of3 l. In exchange for the College?s agreement to take the actions enumerated in Items 1 10 of this Agreement, the Complainant will consider the allegations in OCR complaint #05?13- 21 12 to be resolved. 12. Complainant agrees to abide by all College policies including the ?no contact? order currently in place between she and another College student, as well as any protective orders that may be in place. Complainant reserves the right to file a formal complaint with OCR. Complainant further reserves all other rights and remedies that she may avail herself of as permitted by law. By entering into this Agreement, neither Complainant nor College makes any admission or statement suggesting that any party or individual has committed any wrongdoing, engaged in any imprOper conduct, or violated any law. Neither Complainant nor College makes any admission of liability or damages or any representation as to any fact or disclosure other than those contained in this Agreement. The Parties agree that the Agreement resolves the complaint. The parties understand that adoption of this agreement does not establish compliance or noncompliance with any provisions of Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681, or its implementing regulations. The parties understand that OCR will close the complaint and if the Agreement is breached, the Complainant has a right to ?le another complaint with OCR. If the Complainant ?les a new complaint, OCR will address the original complaint allegations and not the alleged breach of the Agreement. To be considered timely, the Complainant must ?le the new complaint either within 180 days of the date of the original discrimination or within 60 days of the date the Complainant obtains information that a breach of the Agreement occurred, whichever is later. Approved and agreed to for and on behalf of the College: kw 3943/3 Hanover College President or her designee Date Approved and agreed to by Complainant: ?mm (C) From: mm To: lumnulue? Subject: FW: OCR Electronic Complaint Submission Date: Friday, February 22, 2013 10:25:08 AM From: Sent: Thursday, February 2013 6:36 PM To: (C) IOCR Chicago Subject: OCR Electronic Complaint Submission PLEASE DO NOT REPLY TO THIS E-MAIL. THIS E-MAIL ADDRESS IS USED BY DEPARTMENT OF EDUCATION AUTOMATED SYSTEMS AND IS NOT MONITORED. Your complaint with the Of?ce for Civil Rights, a copy of which is reproduced below, has been automatically forwarded to the following of?ce for review: Of?ce for Civil Rights/ED Chicago Office 500 W. Madison Street, Suite 1475 Chicago, IL. 60661 -4544 So that we can best assist you, we call your attention to the following: 1. If you need to communicate with OCR regarding your complaint before you are contacted directly, please do not reply to this message, which would result in your reply going to a send-only server address. Instead, please direct your correspondence to the above office at OCR.Chicago@ed.gov. 2. If you need to modify or supplement your complaint, please do not use the complaint form to submit another complaint with the new information. Instead, you may simply send an email to the office that has your complaint. Filing duplicative complaints may impede our ability to review your concerns in a timely manner. (If you have a separate complaint involving other matters, you may of course use this form to submit it.) 3. Remember that before OCR can process your complaint it must receive at the above address a signed copy of the Of?ce for Civil Rights Consent Form, which you can obtain at 4. It is recommended that you print a copy of this message and retain it for your records. The following information has been sent to the speci?ed of?ce: OCR COMPLAINT FORM 1. Enter information about you. 6? 7 6. Your First Name:( Your Last Name:( Your Address: City: (bxm) State Zip Code: 23(6); (ma . . Best Time to Call You: EVENING anary Phone No: Alternative Phone No: Your Email Address: 2. Who else can we call if we cannot reach you? Contact's Name: Daytime Phone No: Relationship to you: 3. Who was discriminated against? (C) 4. What institution discriminated? Institution Name: Hanover College Address: 484 Ball Drive City: Hanover State: IN Zip Code: 47243 School or department involved: Hanover 5. Have you tried to resolve the complaint through the institution's grievance process, due process hearing, or with another agency? Yes Agency Name: Disciplinary Committee Date Filed: (bx? Status: Closed 6. Describe the discrimination OCR enforces regulations that prohibit discrimination on the basis of race, color, national origin; sex; disability; and/or age. All that apply: sex Why you believe the discrimination was because of race, sex, disability, or whatever basis you indicated above or why you believe the action was retaliatory. All of the discriminatory actions occurred over various times from until (bx? The ?rst action occurred the day I decided to ?le a sexual assault complaint. The security of?cer is the one I first person I told this too, and he lead me into a back room to write a report and left me ere to write it. A little while later when I was done I return to the main room and handed him the paper and that is when he told me he had contacted the Dean and had a no contact order in place for me against him. At this point, I was already upset, but I was really upset when he told me this because I had the Dean for a class and I did not want him to know and because he did this without asking me to do it. He then continued to tell me that if I talked to him I would be arrested and this is when I completely broke down and left for my room. He had my number for when a police officer arrived because I did tell him I wanted to speak to a cop. A little over an hour later he called me and said the cop was on his way to the college. I returned to the security of?ce and many more of?cers were now in there, unlike earlier when onl was in the land one other of?cer were there now. I just walked in and sat down because at this point I was scared to death to talk to the cop because I thought I was going to be arrested if I said something wrong becausetold me he world have me arrested if I talked to the person I filed the charge on. While I was sitting there. another of?cer approached me and he told me they would have me arrested if I attempted to contact the person I filed the charge against. At this point all I wanted to do was go home, and I had already called my parents and they were on there way. They arrived and the cop was still not there after waiting for him for over two hours. At that point I told them I just wanted to go home and they told me I couldn't so they called the cop and told him I wanted to leave and he told me to write down that I didn't want to talk to him. So I did because I was scared to talk to him and I did not want to be around the security officers anymore because they were being very mean and rude to me. The only officer who was being nice to me was (bX Later on, when I was able to read the report before the "trial" here I discovered ?les were missing and I and put into his statements things I did not do and had not said. I burst into tears and told (W6): did not say certain things and did not do these things and also told her what was missing. She said okay and then I left the office. During the trial I was asked questions that did not pertain to that night and it really upset me because they asked a very personal question that I had to explain to them which made me really upset, and I did not discuss the actual sexual assault with them. Later on I got the verdict and they gave me a paper stating that he did not commit the sexual assault and no action would be taken against him. I had a chance to look over the ?les again, and documents were still missing from the case that I had asked to be put in there and the statementsade that were false were still in there. I was again upset and asked for them to be put in the file because I believed they were important such as phone records, there was an instance where he came up to me and told me he was not getting into trouble that was not put into the documents and also the police records from his ex-girlfriend who had called me and asked to submit a statement and offered to show the police reports that showed that he had lied to the police even though they had a journal written in his handwriting. Also, I was written up for contact with him because we did text back and fourth because do not believe he was written up for contacting me though. Also, not included in the statement was that he lied to of?cer He had gone to the security office and showed that I had texted him, but had deleted all of his messages to me. I saw going to the security of?ce and knew what he was doing, so I wen in after escorted him out and asked me if I had texted him and I said yes did he say he had texted me, amin); ?aid no he said he did not text you. I then gavimw); lhe text records showing that he had in fact texte me. This statement was NOT put into the case ?les for the trial that he had texted me and lied about it. Al I knew that he was friends wit had asked several times for to be removed from the case due to conflict of interest, but he never was no matter how many times I complained. Then, in May I received a message from the guy's Mom I ?led the report on saying she had all the copies of the accusations that did not stop trying to get him into trouble I was going to be in trouble. At that point I immediately contacted security and let the Dean know and had my parents take me home and the next day I went to the court house and had a protection order ?led on her and him. They passed the order of protection on him, but not her. I asked the Dean if she had gotten copies of the case ?les and he would not give me a yes or no answer. Then over the summer I asked for the case ?les so I could show them to a lawyer and they refused to let me have them. When I asked them if they gave once again did not get a direct answer. I do believe his mom got copies of the case ?le. which contains very sensitive information. 7. Your complaint must be filed within I80 days of the discriminatory action When did the last act of discrimination occur? (C) Enter the date: Are you requesting a waiver of the ISO?day ?ling time limit for discrimination that occurred more than 180 days before the ?ling of this complaint? Yes. Reason for not ?ling complaint before l80 days. 1 do know it is over the 180 day limit. but I did not know the department of education dealt with discrimination cases. 1 have tried through lawyers and even the guys fraternities nationals to get something done, but I am always stopped by the school because they will not give me any of the files in the case, including my own statements. 1f 1 had known I could ?le a complaint against the school through here,l would have as soon as I could! I do feel like I was treated very unfairly and wrongly, and I do believe some training and what is right needs to be done. The only reason I knew that I could file here is because a journalist heard about my story and contacted me. He turned out to be a great help and contact the DOE for me and got me in touch with the person who deals with these cases. 8. What would you like the institution to do as a result of your complaint - what remedy are you seeking? I am seeking training for the school and to see if what was done harmed the case in anyway and caused the outcome that happened, and if so I do believe an outside source needs to handle it instead to get a true outcome. Do you have written information that you think will help us understand your complaint? No