Ledesma, Tony S) From: Strubel, Aleeza Sent: Thursday, December 19. 2013 8:57 AM To: Ledesma, Tony Cc: Alexander, Patrick; Strubel, Aleeza Subject: new complaint Attachments: Here is a new complaint for your Team; FW: OCR Electronic Complaint Submission Tony: Please assign a docket number in this new, electronically filed complaint. Cp; I RP: Minot State University Bases: Title IX Please assign the complaint to Patrick Alexander as attorney and investigator. Aleeza Ledesma, Tony From: Wilson, Betty Sent: Thursday, December 19, 2013 7:58 AM To: Strubel, Aleeza Subject: Here is a new complaint for your Team. Attachments: New complaint for ND.docx Ledesma, Tony From: Sent: To: Subject: OCR Chicago Thursday, December 19, 2013 7:57 AM Strubel, Aleeza FW: OCR Electronic Complaint Submission Here is the LOA for the North Dakota. From: ocr complaint@ed.gov [mailtozocr complaint@ed.gov Se 0 To. (bxe); (bxnc) CR 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. SUBMISSION CONFIRMATION Your complaint with the Office for Civil Rights has been automatically forwarded to the following office for review: Office for Civil Rights/ED Chicago Of?ce Citigroup Center 500 W. Madison Phone: 312-730-1560 TDD: 800-877-8339 Fax: 312-730-1576 Email: OCR.Chicaqo@ed.qov Street, Suite 1475 Chicago, IL, 60661- 4544 So that we can best assist you, we call your attention to the following: 1. 4. 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 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.) Remember that before OCR can process your complaint, we must receive a signed and dated consent form. If we have not received your signed consent form within 20 calendar days of the date of this email, we will close your complaint. A copy of the Office for Civil Rights Consent Form is available for your convenience at OCR Complaint Consent Form. Please sign and date the appropriate response on the consent form and mail it to the OCR Enforcement Office at the address above. If you do not have access to a printer, please email or call the OCR Enforcement Office identified above to request a blank consent form. It is recommended that you print a copy of this message and retain it for your records. If you have not already read the following documents, they can be downloadable from the links below: - Information About OCR's Complaint Processinq Procedures 0 Office for Civil Rights Notice About Investigatgry uses of Personal Information 0CDEMAILOO46231P Institution Name: Minot State University Page 294 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 295 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 296 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 297 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 UNITED STATES DEPARTMENT OF EDUCATION REGION OFFICE FOR CIVIL RIGHTS IOWA 500 WEST MADISON ST.. SUITE I475 MINNESOTA CHICAGO. IL 60661-4544 NORTH DAKOTA WISCONSIN February 26, 2014 (C) Re: OCR #05-14-2061 b6'b . . . On December 18, ibii? the .S. Department of EducatIon (Department), Of?ce for Rights (OCR), receci?vea our complaint of discrimination ?led against Minot State University (University). You allege that the University discriminated against you based on your sex. We have evaluated your complaint in accordance with Case Processing Manual (C PM) to determine whether to open your complaint for investigation. (b (C) OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 168], and its implementing regulation, 34 C.F.R. Part 106. Title IX prohibits 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 Depart- ment, the University is subject to Title IX. OCR has determined that it has jurisdiction over your allegation and that this allegation was timely filed. Therefore, OCR 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 sufficient and is dispositive of the allegations, in accordance with the provisions of Article Of the CPM. 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 allegations. Some information about the ECR process is in the enclosure to this letter entitled Complaint Processing Procedures.? 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 I OCR Docket #05-l4-2061 In addition, when appropriate, a complaint may be resolved before the conclusion of an investigation when the recipient requests to resolve the complaint. In such cases, a resolution agreement signed by the recipient and submitted to OCR must be aligned with the allegations in the complaint or the information obtained during the investigation and it must be consistent with applicable regulations. lnforrnation about this process is in the enclosure to this letter. If you have any questions, you may contact Mr. Tom Okawara, Equal Opportunity Specialist. at (312) 730-1597 or by email at Tom.0kawara@ed.gov. Sincerely, \A?wax Aleeza Strubel Supervisory Attorney Enclosure UNITED STATES DEPARTMENT OF EDUCATION REGION ILLINOIS OFFICE FOR CIVIL RIGHTS INDIANA IOWA 500 WEST MADISON ST.. SUITE I475 CHICAGO. IL 6066I-4544 NORTH DAKOTA WISCONSIN February 26, 2014 Dr. David Fuller President Minot State University 500 University Avenue West Minot, North Dakota 58707 Re: OCR #05-14-2061 Dear Dr. Fuller: 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 ?led with OCR on December 18, against Minot 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 your complaint for investigation. We have determined that we have the authority to investigate the complaint. (tame) 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 C.F.R. Part 106, which prohibit discrimination on the basis of sex. As a recipient of Federal ?nancial assistance from the Department, the University is subject to Title IX. Additional information about the laws OCR enforces is available on our website at Because OCR has determined that it has jurisdiction and the complaint was filed 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 merits. During the investigation, OCR is a neutral fact-?nder, collecting and analyzing relevant evidence from the complainant, the recipient, and other sources, as appropriate. OCR will ensure that its investigation is legally suf?cient and is dispositive of the 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. David Fuller OCR Docket #05-14-206l 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 allegations. 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 after the recipient expresses an interest to 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 allegation or the information obtained during the investigation and it must be consistent with applicable regulations. Please read the enclosed document entitled Complaint Processing Procedures,? which includes information about: 0 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, at 34 C.F.R. 100.6(b) and (0), requires a recipient of Federal ?nancial assistance make available to OCR information that may be pertinent to a compliance determination. Pursuant to 34 CPR 100.6(c) and 34 CPR. ofthe regulation implementing the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, OCR may review personally identi?able records without regard to considerations of privacy or confidentiality. Accordingly, OCR requests that you provide the following information within fifteen (15) calendar days. Wherever possible, please provide the requested information in electronic format. If responsive data are available through the Internet, please provide the link to the data. Page 3 Dr. David Fuller OCR Docket #05-14-206! Page 4 Dr. David Fuller OCR Docket #05-14-2061 In addition to the information requested above, OCR would like to conduct a site visit in April or May 2014. During the site visit. OCR intends to interview witnesses and conduct focus groups with University students. To facilitate the focus groups, please secure 7-10 individuals from Page 5 Dr. David Fuller OCR Docket #05-14-2061 Thank you for your cooperation in this matter. OCR may need to request additional information and interview pertinent personnel. OCR will contact you to schedule a mutually convenient time for the site-visit. Please notify OCR ofthe name, address and telephone number of the person who will serve as the University?s contact person during the processing of this complaint. We would like to talk to this person as soon as possible to discuss the processing of this complaint and we will, at that time, identify the complainant. OCR is committed to prompt and effective service. If you have any questions, please contact Tom Okawara, at 312-730-1597 or by email at Tom.Okawara@ed.gov. Sincerely, 74? . LO In Aleeza Strubel Supervisory Attorney Enclosure Page 305 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 306 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 307 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1