Ledesma, Tony 23 73 From: Strubel, Aleeza Sent: Thursday, April 18, 2013 2:00 PM To: Ledesma, Tony Cc: Oliveira, Tanya; Erickson, Mark; Strubel, Aleeza Subject: FW: Title IX Complaint Attachments: CR TO DEPT OF ED OCR COMPLAINT PDF.pdf Tony: Please assign a docket number and issue an LOA. We have a signed consent form. (WHO I RP: University of Chicago Basis: Title lX/sexual assault Please assign this complaint to Tanya Oliveira as Attorney and Mark Erickson as EOS. Aleeza From: OCR Chicago Sent: Thursday, April 18, 2013 1:51 PM To: Strubel, Aleeza Subject: FW: Title IX Complaint From: OCR Sent: Thursday, April 18, 2013 10:48 AM To: OCR Chicago Subject: FW: Title IX Complaint Forwarding this email communication to your office for review and appropriate handling. From: Sent: Priaay, April 12, 201 3 To: OCR Cc Subject: Title IX Complaint Dear OCR Representative: My name i Ilh\lR\~ I and we represen (blmc) a student at the University of Chicago. Attached to this email, please ?nd a complaint against the University of Chicago. If you have any questions, concerns, or are unable to open the attachments, please contact me at or via email at (bmc) Yours truly, This electronic message is to be used exclusively by the individual or entity to which it is addressed. This message may contain information that is privileged, con?dential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, be aware that any disclosure, dissemination, distribution or copying of this communication or the use of its contents. is strictlv prohibited. If you have received this communication in error, please notify me immediately by (mmc) and delete the original message from your e-mail system. Thank you. Page 196 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 197 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 198 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 199 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 200 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 201 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 202 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 203 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS $1353}: IOWA 500 WEST MADISON ST., SUITE 1475 MINNESOTA CHICAGO. IL 60661-4544 NORTH DAKOTA WISCONSIN June 28, 2013 Mr. Robert J. Zimmer President University of Chicago 5801 South Ellis Avenue, Suite 501 Chicago, Illinois 60637 Re: 05 132373 Dear Mr. Zimmer: 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 April 12, gainst the University of Chicago (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. Speci?cally, the complaint alleges that the University of Chicago (University) failed to respond appropriately I'eports that a University student (Student A) was sexually assaulted by a male University student (Student B) during thel'Non Responswe 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 bases 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 ?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 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. 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 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 - Mr. Robert J. Zimmer 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 requires a recipient of Federal ?nancial assistance make available to OCR information that may be pertinent to a compliance determination. Pursuant to 34 C.F.R. 100.6(c) and 34 CPR. 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 within ?fteen (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 Mr. Robert J. Zimmcr Page 4 Mr. Robert J. Zimmer 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 determined to be necessary, you will be contacted 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 District?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, Page 5 Mr. Robert J. Zimmer or if the University is interested in participating in Early Complaint Resolution Process, please contact Tanya Oliveira, the attorney assigned to this complaint, at 312-730-1451 or by email at tanya.oliveira@ed.gov. Sincerely, Aleeza Stru Supervisory Attorney Enclosure cc: Theodore Stamatakos, Esq. OFFICE FOR CIVIL RIGHTS 500 WEST MADISON ST, SUITE 1475 CHICAGO, IL 60661-4544 UNITED STATES DEPARTMENT OF EDUCATION REGION ILLINOIS INDIANA IOWA MINNESOTA NORTH DAKOTA WISCONSIN January 16, 2014 Mr. Theodore Stamatakos Associate General Counsel Of?ce of Legal Counsel University of Chicago 5801 South Ellis Avenue, Suite 501 Chicago, Illinois 60637 Re: 05132373 Dear Mr. Stamatakos: By letter dated June 28, 2013, the US. Department of Education Rights (OCR) noti?ed you of a complaint ?led on April 12, (mm) epartment), Of?ce for Civil against the University of Chicago (University) alleging discrimination on the basis 0 sex. his complaint alleges that the University failed to respond appropriately to Mme) reports that a University student Student Ily assaulted by a male University student (Student B) during the 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 bases of sex. As a recipient of Federal ?nancial assistance from the Department, the University is subject to Title IX. As you and I discussed yesterday, OCR is requesting additional information relevant to the investigation of this The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal aceess. edgo P212 6 3 Mr. 'l?hcodorc Slamalakos Page 3 Mr. Theodore Stamatakos Please note that there may be a need to supplement this information through additional written requests for information or other means. We recognize the short time frame for request and appreciate your cooperation. If you have any questions about the information requested or wish to discuss scheduling or logistics for the site visit, please contact me or Tanya Oliveira, the attorney assigned to this complaint, at 312- 730-1451 or by email at tanva.oliveira@ed.gov. Sincerely, 0 g) . ??t?dmi Alee Strubel Fo?v?q Supervisory Attorney From: StmbeLAleeza To: gammy Cc: WM: MW Subject: Supplemental data request Chicago 05132373 Date: Thursday, April 02, 2015 11:42:46 AM Attachments: i 1 7 Ted: As we discussed on the phone yesterday with Patrick, attached for your review is a supplemental data request in the pending OCR complaint against the University of Chicago, 05-13-2373. Patrick and are available Monday afternoon to speak with you about this data request. Please let us know if there is a time that works best for you. Warm regards, Aleeza Aleeza M. Strubel Supervisory Attorney US. Department of Education, Office for Civil Rights (312) 730?1560 Page 213 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 214 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 215 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 216 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 217 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 218 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 1:353}: IOWA 500 WEST MADISON ST.. SUITE i475 MINNESOTA CHICAGO. IL 60661-4544 NORTH DAKOTA WISCONSIN June 28, 2013 (C) Re: 05132373 (C) Dear 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 April 12, against the University of Chicago (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 your complaint. Speci?cally, the complaint alleges that the University of Chicago (University) failed to respond appropriately tom); (bmc) eports that your client, a Univers' A), was sexually assaulted by a male University student (Student B) during ibxe); (C) 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 CPR. Part 106, which prohibit discrimination on the bases 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 ?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 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. 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 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 (C) Page 2 - resolve the allegations. 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 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 which includes information about: 0 OCR?scomplaint 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. We will communicate with you periodically regarding the status of your complaint. If you are interested in resolving your complaint through ECR process or have any questions, please contact Tanya Oliveira, the attorney assigned to this complaint, at 312-73 0-1451 or by email at tanva.oliveira@ed.gov. Sincerely, Aleeza Strubel Supervisory Attorney Enclosure