Title IX and Glory Complaint against Iowa State University COpy of Consent From Signed (blieli CONSENT FORM - FOR REVEALING NAME AND PERSONAL TO OTHERS (Please print or type except for signature line) Your Namt Name of School or Other Institution That You Have Filed This Complaint Against: a ll? IS 101m asks unetnei inc Uittee not uvu rue?; may some yot name and other personal information when OCR decides that doing so will assist in investigating and resolving your complaint. 0 For example, to decide whether a school discriminated against a person, OCR often needs to reveal that person?s name and other personal information to employees at that school to verify facts or get additional information. When OCR does that. OCR informs the employees that all forms of retaliation against that person and other individuals associated with the person are prohibited. OCR may also reveal the person?s name and personal information during interviews with witnesses and consultations with experts. I is not allowed to reveal yettr name or personal information as described above. OCR may decide to close your complaint detennincs it is necessary to disclose your name or personal information in order to resolve whether the school discriminated against youcomplaint with OCR. OCR can release certain information about your complaint to the press or general public. including the name ofthe school or institution; the date your complaint was ?led; the type of discrimination included in your complaint; the date your complaint was resolved. dismissed or cIOscd; the basic reasons for Ot'lt's decision; or other related information. Any OCR releases to the press or general public will net include your name or the name ol?thc person on whose behall'you filed the complaint. - . t~ OCR requires you to respond to its requests for information. Failure to cooperate with investigation and resolution activities could result in the closure of your complaint. Please sign section A or section (but not both) and return to OCR: - If you tiled the complaint on behalf ol'yourself, you should sign this form. 0 ll? you ?led the complaint on belinll?of? another specific person. that other person should sign this form. If the complaint was ?led on behalf ot?a speci?c person who is younger than 18 years old or a legally incompetent adult, this form must be signed by the parent or legal guardian of that person. It' you ?led the complaint on behalf of?a class of people. rntlier than any speci?c person. you should sign the form. A. i give OCR my consent to reveal my identity (and that of my minor child/ward on whose behalf the . 3.1.1; I do not give OCR my consent to reveal my identity {and that of my minor child/ward on whose behalf the complaint is ?led) to others. I understand that OCR may have to close my complaint. Signature Date I acetate under uciuzty nl'pcrjur} is true and correct that I am the mined above; and. 11 complaint is ?led on behalf nl?a alumni-uni. that 1 am that pursml 's pnrenl or legal guardian. This declamunn only applies. to the ltiimily of the persons and does not extend In my at the claims tiled in the complaint 15 Page 121 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 122 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 123 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 124 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Title IX and Clay Complaint against iowa State University This is the Clery Report for Iowa State University for 2012. Iowa State University Safety and You 2013. Link: 3 .pdf Crime Statistics for ISU Campus This chart dcpicls ottenses reporteu by law enforcement agencies including tho ISU Police Department. Amos Polico Deparimnnt Story County Sheriff?s Of?ce and to any of?cial of Iowa State Univers-ty dessgnaled with resmnsioilmes for Sludem al?d campus .iclwillcs [primarily through the Dean of Slovenia. Oltrce .?mtt Department cl Restdancc). These are coirtpiltsd as mquircd by prov;5:ons of [he Joanne Clary Disclosim?) a! Cmnpus Socumy Poffcy and Campus Crime Stan-9m: Act. nry Crimes Statistics Act ISU Police collects additional crime eaten-Winn thal is available either on the ISU Ponce webs-ta or In response to requests for information ISU monitors criminal reported to local police that may affect oftvcamnus 10c. - cor-.5 owned or controlled by officnaiiy meagntzod student Cnmmai aclwuty these IOCBIIOHS i5 3180 inCIUdOd roporl smashes do not mcludo prw-lcged counseling or medical mtormallon (mm the Student Counseling Service or Tull-Jen Slu- dant Health Center iowa State does not have a voluntary con?uentml procedure tor reporting crimes to law enforcement The hate crime reported In 2010 remitted In property damage The hate crime reported in 2011 was motivated by race In reviewing arson cases, for 2011. it was determined that! a ominously reported statistic for arson W35 acmaily a suspicxous [ire of undetermined Ofl?ln The numbers above have been changed to re?ect this correction 20 UNITED STATES DEPARTMENT OF EDUCATION REGION OFFICE FOR CIVIL RIGHTS :0th 500 MS 1? MADISON ., sun 1-. I475 MINNESOTA CHICAGO, n. 6066l-4544 NORTH DAKOTA wrseorvsm October 15, 2014 Dr. Steven Leath President Iowa State University 1750 Beardshear Ames, IA 5001 1-2035 Re: OCR Docket #05?14-2530 Dear Dr. Leath: This letter is to notify you that the US. Department of Education (Department), Of?ce for Civil Rights (OCR) has evaluated the above-referenced complaint, filed with OCR on September 29, 2014 against Iowa State University (University), alleging discrimination on the basis of sex. 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 complaint. The complaint alleges that the University sub_'ected a female student (Student A) to discrimination based on sex in (Elmo) academic year. The complaint raises whether the University fails to and equitably respond to complaints, reports and/or incidents of sexual violence of which it had notice, including Student A?s report of sexual assault committed against her by a male student (Student B), thereby creating for students a sexually hostile environment. OCR is responsible for enforcing Title IX Ofthe Education Amendments of I972 (Title IX), 20 U.S.C. 1681, and its implementing regulation, 34 CPR. Part 106, which prohibit discrimination on the basis of sex in any education program or activity operated by a recipient of Federal ?nancial assistance. As a recipient of Federal ?nancial assistance from the Department, the College is subject to these laws. Additional information about the laws OCR enforces is available on our website at OCR has determined that it has jurisdiction and that this allegation is timely, and is therefore 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 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 Ofthe 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. ww? edgov Page 2 OCR offers, when appropriate, an Early Complaint Resolution (ECR) process to facilitate the voluntary resolution ofcomplaints by providing an early opportunity for the parties involved to resolve the allegation(s). Some information about the ECR process is in the enclosure to this letter entitled Complaint Processing Procedures.? In addition, when appropriate, a complaint may be resolved before the conclusion of an investigation after the recipient asks OCR to resolve the complaint. In such cases, a resolution agreement signed by the recipient and submitted to OCR must be aligned with the complaint allegations 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: 0 complaint processing procedures, including the availability 0 Regulatory prohibitions against retaliation and intimidation who ?le complaints with OCR or participate in an OCR investigation; and 0 Application ofthe Freedom of Information Act and the Privacy Act to OCR investigations. OCR intends to conduct a prompt investigation ofthis complaint. The regulation implementing Title VI of the Civil Rights Act of 1964 (Title VI) at 34 C.F.R. ?100.6(b) and (0) requires that a recipient of Federal financial assistance make information that may be pertinent to reach a compliance determination available to OCR. This requirement is incorporated by reference by the regulation implementing Title IX at 34 C.F.R. 106.71. Pursuant to 34 C.F.R. 100.6(c) and 34 CPR. ofthe regulation implementing the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. l232g, OCR may review personally identifiable records without regard to considerations of privacy or con?dentiality. Accordingly, OCR is requesting that you forward the following information to us within fifteen (15) calendar days from the date of this letter. Wherever possible, please provide the requested information in electronic format. If responsive data are available through the internet, please provide the link. Page 3 Page 4 Page 5 Thank you for your cooperation in this matter. In addition to the information requested above, OCR may need to request additional information. We will contact you to identify Students A and B, to arrange an onsite visit as appropriate to interview University personnel subSequent to receipt and review of the above?stated data, and to ascertain who will represent the University during processing of this complaint. OCR is committed to prompt and effective service. If you have any questions, please contact Ms. Leticia Magdalene, Attorney, at 3l2~73 0-1590 or by email at Leticia.Magdaleno@ed.m. Sin rely, . Tamg) Supervisory Attorney Enclosure UNITED STATES DEPARTMENT OF EDUCATION REGION . I ILLINOIS OFFICE FOR CIVIL RIGHTS INDIANA IOWA 500 WEST MADISON ST, SUITE I475 CHICAGO. IL 60661-4544 NORTH DAKOTA WISCONSIN October 15, 2014 (C) Re: OCR Docket #05-14-2530 Eb ;b This letter is to notify you, the .S. Department ofliducation (Department), Of?ce for Civil Rights (OCR), has evaluated the complaint you ?led with OCR on September 29, 2014, against Iowa State University (University) alleging discrimination on the basis of sex. Speci?cally, you allege the following: 1. The Unitesin subjected your daughter (Student A) to discrimination based on sex in the Mme) academic year. The complaint raises whether the University fails to and equitably respond to complaints, reports and/or incidents of sexual violence of which it had notice, including Student A?s report of sexual assault committed against her by a male student (Student B), thereby creating for students a sexually hostile environment. 2. The University violated the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) by, inter alia, underreporting incidents of sexual assault. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681, and its implementing regulation, 34 Part 106, which prohibit discrimination on the basis of sex in any education program or activity operated by a recipient of Federal ?nancial assistance. As a recipient of Federal ?nancial assistance from the Department and a public entity, the College is subject to these laws. Additional information about the laws OCR enforces is available on our website at We conducted the evaluation ofthe complaint allegations in accordance with Case Processing Manual (CPM) to determine whether to open this complaint for investigation. Based on the information provided, we have determined that OCR will investigate Allegation and we are dismissing Allegation 2 effective the date of this letter. The basis for this decision follows. Allegation 2 In accordance with Section 104 of Case Processing Manual, OCR must have jurisdiction over the subject matter ofthe complaint. OCR is unable to proceed with an investigation of your The Department ofliducation's mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. w? ed. gov Page 2 Allegation 2 because it does not enforce the Clery Act; therefore the allegation fails to state a violation ofone ofthe laws OCR enforces. The Clery Act requires institutions to annually report campus crime. If you believe the University has violated the Clery Act, you may mail a complaint to the following address: Clery Campus Crime Compliance Division 830 First Street, NE 7th Floor Washington, DC 20202 The e-mail address for ?ling lery Act complaints is clerycomplaints@ed.gov. The telephone number is for the Division is (202) 377?4609. Allegation 1 OCR has determined that it has jurisdiction and that Allegation is timely. OCR is opening this allegation for investigation. Please note that opening the allegation for investigation in no way implies that OCR has made a determination with regard to their 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 sufficient and is dispositive of the allegations, 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(s). Some information about the ECR process is in the enclosure to this letter entitled Complaint Processing Procedures.? In addition, when appropriate, a complaint may be resolved before the conclusion of an investigation after the recipient asks OCR to resolve the complaint. In such cases, a resolution agreement signed by the recipient and submitted to OCR must be aligned with the complaint allegations 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 a high-quality resolution of every case. If you have any questions, please contact Ms. Leticia Magdalene, Attorney, at 312-730-1590 or by email at Leticia.Magdalcnoaaedggov. arch E. 'l?amb Supervisory Attorney Enclosure