Garcia, Sandy From: Jim Navarre Sent: Monday, August 06. 2012 4:44 PM To: Garcia, Sandy Subject: OCR Docket #05-12-2195 Sandy, in the above matter, we will participate in ECR. Please let me know if you need anything else from me. Thank you. Jim Navarre, Esq. Mossing Navarre, LLC 30 N. LaSalle Street Suite 1524 Chicago, IL 60602 TEL: 312-262?6700 FAX: 312-262-6710 MOSSINGKK AVARRE he? The information transmitted is intended only for the person(s)or entity to which it is addressed and may contain confidential and/or legally privileged material. Delivery of this message to any person other than the intended recipientls) is not intended in any way to waive privilege or confidentiality. Any review, retransmission, dissemination or other use of or taking of any action in reliance upon, this information by entities other than the intended recipient is prohibited. If you receive this in error, please contact the sender and delete the material from any computer. Garcia, Sandy From: Garcia, Sandy Sent: Monday. August 06, 2012 4:42 PM To: Skerrett. Lauren Cc: Tamburro, Karen; Garcia, Sandy; Vaive, Lara Subject: of lL Urbana Contact with Atty 05122195 We discussed the ECR process in depth including the agreement to participate, confidentially, that any party can end the ECR process at any time and the case would return to investigation, the facilitator?s role; OCR is not a part of the Agreement and does not monitor the agreement; what is done in case it is breached by the University. I also explained that contains of the Agreement must be legal. I(b 5) (W6) Sandra L. Garcia Senior Equal Opportunity Specnalist U.S. Department of Education Office for Civil Rights Citicorp Center 500 West Madison Street, Suite 1475 Chicago, IL 60661 312-730-1580 (direct) 312-730-1560 (general) 312?730-1576 (fax) JUL-24-212 14:23 FF 3129869192 FRANCZEK RADELET Attorneys and Counselors 300 South Wacker Drive Suite 3400 Chicago, IL 60606 Phone 312.986.0300 Fax 312.986.9192 franczek.com FAX TRANSMITTAL COVER SHEET Date: 7/24/ 12 Time: 2:20pm From: Scott L. Warner Direct Dial: 312.786.6523 Client/Matter No: 99999.100018 Number of pages including this cover sheet: 2 FAX NO. PHONE N0. Ann Cook-Graver United States Department of Education, 312-7304 576 Of?ce of Civil Rights Comments: OCR Docket No. 05-12?2195? FOIA REQUEST If there are any problems in receiving this transmittal or if you don't receive all of the pages, please call us at 312?986?0300. Con?dentiality Note: THIS MESSAGE Is INTENDED ONLY FOR THE USE OF THE INDIVIDUAL 0R ENTITY To WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT Is PRIVILEGED. CONFIDENTIAL AND EXEMPT PROM DISCLOSURE UNDER APPLICABLE LAW. 11* THE READER OF THIS MESSAGE Is NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE 0R AGENT RESPONSIBLE FOR DELIVERY OF THE MESSAGE TO THE INTENDED RECIPIENT. YOU ARE HEREBY NOTIFIED ANY DISSEMINATION. DISTRIBUTION OR COPYING OF THIS COMMUNICATION Is STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS IN PLEASE NOTIFY us IMMEDIATEL BY TELEPHONE AT (312)986-0300. AND RETURN TI IF. MESSAGE To us AT THE ABOVE ADDIUESS THE us posTAL SERVICE. THANK YOU. Illinois Directory, President-Designate, University of Illinois, University of Illinois About Us Directory A-Z index Faculty Social Media About the Directory Where to Edit Information Directory Policy Registered Organizations UIC Phonebook Directory NESSIE edit: address phone. me CITES EOE edit, lair, nickname About this Site Contact Us Emergency Into Employment Privacy Page 1 of 1 Academics Athletics International Library Public Engagement Research Directory search detail ?ml more details i coiitactslorthis prolilel 1 logini add to oulloolt I sondloalnandi ROben A Eager image for RobertAEasicr President-Designate. University at Illinois Dean Emeritus. College of Agricultural. Consumer and Enwronmental Sctenoes Professor Emeritus oi Animal Sciences and Nutritional Soionces 9! 420 Swanlund A ministration Building 601 John Street MC 304 Champaign IL 61820-5111 BIOGRAPHY Dr Easter currently serves as preSident-deSignate and writ become the 19th preSident ol? the University of In July 2012. Prior to his current appointment, he served the Urbana Campus as interim Chancellor from 2009 - 7011 Dr. Easter's 30+ years at includes roles as Dean of the College of Agricultural, Cahsutner and EnVironmental Sciences (ACES) from 2302-2009 and Head of the Department of Animal Sciences from 1996 to 2001 has been a member at the Animal Sciences family since 1976. RESEARCH IN TERESTS Along with his graduate students, Dr. Easter has investigated the amino acid needs of the lactating sow. the impact of post-weaning nutrition on growth composnion to market and the use of various agents to alter lean growth in pigs. Nineteen students earned their doctoral degrees under his direct-0n. HONORS AND AWARDS in 7006, PreSident George W. Bush appointed Dr. Faster to the Board fer International Food and Agricultural Development (BIFAD), and in 2007 he was appcinted as chair or Dr. Easter is also a member of the American Socrety of Animal Scrence, the British Society of Animal Seience. The Council tor Agricultural Science and Technology and the Illinois Councn for Food and Agricultural Research (C-FAR). His teaching has been recognized by the Midwest Section of the American Society of Animal Science and at the departmental and coHege levels in 1992 Dr. Easter received the American Feed Industry Assocration Award in Non-ruminant Nutrition Research from the American SOCiety of Animal Science. in 1994 the University of mine 5 College of Agriculture awarded Easter with the prestigious Paul A. Funk Award (or cantributions to agriCuIture. in 2011 he was award the Charles B. Schuman Award for Distingushed SerVice to Agriculture by the lilinois Farm Bureau. SE RVICE ACTIVITIES Dr. Easter has spoken to audiences in the US. and 27 (preign countries on Swine nutrition and other agricultural topics. He co-authored a heck on swine production and has written more than 90 peer-revrewed articles, 11 Dock chapters, four monographs and numerous papers for conferences and industry publications. Illiricus Directory is by Web Serwces a! Public Affairs. (contact us) University Administration UI Chicago UI Spring?eld of i Online 2012 University of "mole Board of Tmstees 7/12/2012 Illinois Directory 1 Illnmis Page 1 ofl MW Am" Amlcukm mum mukiwummt lunar: 5m: Mada mm mm mum/57m r17STUDENTS mum, Mm. mum". Privle ummummhm "mm. "mam "mm. Vumce. L'du/ds'scfirch'7 flusun'brownb'zscurchilprSaH 7/12/2012 Garcia, Sandy From: Garcia, Sandy Sent: Thursday. July 12. 2012 10:42 AM To: justbrow@illinois.edu; reaster@illinois.edu Cc: Tamburro, Karen; Skerrett, Lauren; Garcia, Sandy Subject: OCR Complaint 05122195 Dear Dr. Easter and Mr. Brown: In a letter dated July 3, 2012, the U.S. Department of Education, Officelfor Civil Rights (OCR) notified, Dr. Michael J. Hogan, former President, University of Illinois Urbana-Champaign, of the above-reference complaint filed with our Office (copy attached). In addition, to the data requested in the July 3, 2012, letter, please provide OCR the all information and documentation related to the disciplinary hearing held June 29, 2012,including a copy of the audio recording of the hearing. If an appeal of the determination is made, please provide copies of the appeal and the status of the appeal. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to call me at 312-730- 1580. Additionally, Ms. Karen E. Tamburro, OCR Supervisory attorney, and Ms. Lauren Skerrett, OCR Regional Attorney are working with me on this case. If I am unavailably, Ms. Tamburro can be reached at 312-730?1607 and M. Skerrett can be reached at 312-730-1603. Notif Sandra L. Garcia Senior Equal Opportunity Specialist U.S. Department of Education Office for Civil Rights Citicorp Center 500 West Madison Street, Suite 1475 Chicago, IL 60661 312-730-1580 (direct) 312-730-1560 (general) 312-730?1576 (fax) sandra.l.garcia@ed.gov UNITED STATES DEPARTMENT OF EDUCATION mg; OFFICE FOR CIVIL RIGHTS EDWA IOWA 500 WEST MADISON ST ., SUITE I475 CHICAGO, II. 60661-4544 NORTH DAKOTA WISCONSIN July 3, 2012 Dr. Michael .1. l-iogan President University of Illinois 108 Henry Administration Urbana, II. 61801 Re: OCR Docket #05-12-2195 Dear Dr. Hogan: The US. Department of Education (Department), Of?ce for Civil Rights (OCR), has received and evaluated the above-referenced complaint ?led with OCR on May 31, 2012, against the University of Illinois at Urbana-Champaign (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 this complaint. The complaint alleges the University has subjected Student A to discrimination on the basis of sex when: I) from May 2011 to present, other students sexually harassed Student A and the University was aware of the harassment but has failed to respond or appropriately, and 2) in January 2012, Student A filed a grievance with the University alleging discrimination on the basis of sex, and the University has failed to or appropriately respond to the grievance. 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 LY prohibits discrimination based upon sex in any educational program or activity operated. by a recipient of Federal ?nancial assistance. As a recipient of Federal financial assistance 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 ?Dr. Hogan, President University of Illinois from the Department, the University 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 filed timely, it is opening the allegations for investigation. Please note that opening the allegations for investigation in no way implies that OCR has made a determination with regard to the 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. will ensure that its investigation is legally suf?cient and is dispositive of the allegations, in accordance with the provisions of Article Ill 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 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 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 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 CPR 106.71. Pursuant to 34 C.F.R. 100.6(c) and 34 CPR. 99.3 1 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 eont'ioent?iui'ny. Accordingly, OCR requests that you provide the following information to us within ?fteen (15) calendar days. Wherever possible, please provide the requested information in Page 3 -Dr. Hogan, President University of Illinois electronic format. If responsive data are available through the Internet, provide the link to the data. 1. A narrative response to the complaint allegations including a description ofthc reason(s) why Student A left the University. 2. A copy of the University?s policy prohibiting sex discrimination, including any related grievance procedures and the University?s procedures for responding to a grievance, sexual violence or other sex discrimination complaints, a description of penalties for violations of the policy by students, and an indication of how students and others are informed of the policy and procedures. In addition, please provide all existing internet links to any policy and/or procedure referenced in response to this item. 3. A copy ofthe University?s student handbook for the 2010-1 1 and 201 1-12 school years. 4. If not included in Item a copy of the University?s Student Code of Conduct and the University?s disciplinary policies and procedures in effect for students for the 2010-201 I and 201 1-2012 school years. 5. The name and contact information of the University?s Title IX Coordinator and. if different, the name and title of any individual responsible for implementing the University?s sexual harassment grievance procedures. 6. The name and contact information of any University staff or administrator responsible for conducting an investigation into Student A?s grievance alleging sex discrimination and/or harassment. 7. With regard to the alleged sexual harassment of Student A, provide the following: a. A copy of all written reports of harassment filed by or on behalf of Student b. A narrative description of all formal or informal verbal report(s) of harassment made by or on behall?of Student c. A description of all actions taken by the University, including but not limited to the Of?ce of Con?ict Resolution, to investigate and, if appropriate, respond to all written or verbal report(s), including any supporting documentation; (I. A copy of all documents referring or relating to Student A?s report, the University?s investigation and its final. determination, including but not lirrzr'tcd to all correspondence, mumuiuudu, untupluint i?otma, 'tmci'un emit 'mm't reports, electronic mail messages, photographs, video, and notes; e. A copy of all written notices given to the parties involved regarding the ?nal outcome of the investigation; Page 4 Hogan, President 8. University of f. The name and title of all individuals who participated in the investigation(s), including the role each played; A list of all individuals interviewed in response to the allegation(s), the individuals contact information, the names and titles of the interviewers, and the notes from the interviews; and A list of anylresourees and services offered to Student A by the University, including but not limited to counseling, medical services, and academic support. Describe how the University records and tracks complaints of discrimination based on sex or sexual harassment, including any monitoring that takes place alter complaints are received, investigated, and responded to. For each student identified as having sexually harassed Student A, either through her report or the niversity?s investigation, provide a copy of the complete academic file. including any disciplinary records regarding the student, and the rationale for the discipline or the determination not to administer discipline. . For the 2010-] and 2011-12 school years, identify all other complaints (formal or informal) of sex discrimination, sexual harassment or sexual violence filed at the University. For each complaint identi?ed, provide the following: A copy of the written reports of harassment ?led by or on behalf ofthe a. complaining parties; b. A narrative description of all verbal reports of harassment made by or on behalf of the complaining parties; e. A description of all actions taken by the University to investigate and, if appropriate, respond to all written or verbal report(s): d. A copy of all documents regarding the report and investigation, including but not limited to all letters. memoranda, complaint forms, reports, electronic mail messages, photographs, video, and meeting notes; e. The name and title of all individuals who participated in the investigation(s), including the role each played; f. A list of all individuals interviewed in response to the allegation(s), and the notes of all interviews; and g. A copy of all determinations made by the University as a result of its investigation(s). A detailed description ul'un) training tvaai?dins aux Shin 9.x? the 2010-11 and 2011-12 school years, including any training covering sexual harassment and sexual violence, provided to the University?s Title IX coordinator or other University personnel, including the date(s) the training was provided, the names and quali?cations of the individuals who provided the training, a list of the names and Page 5 ?Dr. Hogan, President University of Illinois titles of the individuals who attended the training, and a copy of any materials distributed at the training. 12. If not included in the response to the above items, all other documents in the University?s possession relevant to the allegations 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 ofthe person who will serve as the University?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. lf you are interested in resolving your complaint through IECR process or have any questions, please contact Sandy Garcia at (312) 730.1580 or by email at Sandra.L.Garcia@ed.gov. Karen li. 'l'amburro Supervisory Attorney Enclosure Garcia, Sandy From: Jim Navarre Sent: Wednesday, July 11, 2012 9:15 AM To: Garcia, Sandy Cc: Skerrett, Lauren; Tamburro, Karen Subject: RE: OCR Complaint of IL 05-12-2195 Will do. Thanks -Jim From: Garcia, Sandy Sent: Wednesday, July 11, 2012 7:53 AM To: Jim Navarre Cc: Skerrett, Lauren; Tamburro, Karen Subject: RE: OCR Complaint of IL 05-12-2195 Mr. Navarre: Yes, please provide the medical documentation, as well. Provide any documentation that supports the claim filed with the University and the University's response. Thank you for your cooperation. From: Jim NaVarre Sent: Tuesday, July 10, 2012 4:19 PM To: Garcia, Sandy Cc: Skerrett, Lauren; Tamburro, Karen Subject: RE: OCR Complaint of IL 05-12-2195 Sandy, thank you for the request. I will provide you a reSponse. Would you also like a copy of the medical record from where my client went after the assault? Just. let me know. ?Jirn From: Garcia, Sandy [mailtozSandraLgarciatnzedgov] Sent: Tuesday, July 10, 2012 4:09 PM To: Cc: Skerrett, Lauren; Tamburro, Karen; Garcia, Sandy Subject: OCR Complaint of IL 05-12-2195 Dear Mr. Navarre: Thank you for providing OCR the letters relating to the University?s determination relating to the disciplinary hearing on June 29, 2012. As I Informed you during today's telephone conversation, OCR will pursue the complainant whether or not you and your client decide to appeal the University?s determination. To assist OCR in our investigation, please provide the following: 1. A copy of the complaint or grievance filed by your client with the University and any correspondence between the University, you and/or your client subsequent to the complaint/grievance being filed. if available, provide a transcript of the June 29, 2012, disciplinary hearing. identify the members of the disciplinary committee including titles and the number of males and females. indicate whether your client or the alleged assailants provided witnesses during the hearing. Indicate whether your client was present during questioning of the alleged assailants. Indicate whether the alleged assailants were present during the questioning of your client. 1 7. You indicated during our telephone conversation that the questioning of your client was brutal. Please provide an explanation of description or examples to support this claim. Additionally, please indicate whether similar questioning (questions, tone, demeanor, details, etc.) was used when questioning the alleged assailants. Additionally, indicate if the questions were addressed to your client and the alleged assailant?s by the same individual(s) at the disciplinary hearing. Describe the room in which the hearing was held and how close in proximity your client was to the alleged assailants. 9. Please report whether the University in the disciplinary hearing specifically addressed the student code of conduct under general student discipline or sexual harassment. 9? If you have any questions, please contact me at 312?730-1580. Sandra L. Garcia Senior Equal Opportunity Specialist US. Department of Education Office for Civil Rights Citicorp Center 500 West Madison Street, Suite 1475 Chicago, IL 60661 312-730?1580 (direct) 312-730-1560 (general) 312?730-1576 (fax) sa_ndra.l.garcia@ ed,_go_v Garcia, Sandy From: Garcia. Sandy Sent: Wednesday. July 11, 2012 7:53 AM To: 'Jim Navarre? Cc: Skerrett, Lauren; Tamburro, Karen Subject: RE: OCR Complaint of IL 05-12?2195 Mr. Navarre: Yes, please provide the medical documentation, as well. Provide any documentation that supports the claim filed with the University and the University?s response. Thank you for your cooperation. From: Jim Navarre Sent: Tuesday, July 10, 2012 4:19 PM To: Garcia, Sandy Cc: Skerrett, Lauren; Tamburro, Karen Subject: RE: OCR Complaint of IL 05-12-2195 Sandy, thank you for the request. I will provide you a response. Would you also like a copy of the medical record from (WW) where my client went after the assault? Just let me know. -Jlm From: Garcia, Sandy Sent: Tuesday, July 10, 2012 4:09 PM To: inavarregulmossinqlawcom Cc: Skerrett, Lauren; Tamburro, Karen; Garcia, Sandy Subject: OCR Complaint of IL 05?12-2195 Dear Mr. Navarre: Thank you for providing OCR the letters relating to the University?s determination relating to the disciplinary hearing on June 29, 2012. As I informed you during today?s telephone conversation, OCR will pursue the complainant whether or not you and your client decide to appeal the University?s determination. To assist OCR in our investigation, please provide the following: I. A copy of the complaint or grievance filed by your client with the University and any correspondence between the University, you and/or your client subsequent to the complaint/grievance being filed. If available, provide a transcript of the June 29, 2012, disciplinary hearing. identify the members of the disciplinary committee including titles and the number of males and females. Indicate whether your client or the alleged assailants provided witnesses during the hearing. indicate whether your client was present during questioning of the alleged assailants. Indicate whether the alleged assailants were present during the questioning of your client. You indicated during our telephone conversation that the questioning of your client was brutal. Please provide an explanation of description or examples to support this claim. Additionally, please indicate whether similar questioning (questions, tone, demeanor, details, etc.) was used when questioning the alleged assailants. Additionally, indicate if the questions were addressed to your client and alleged assoilant?s by the same individualisi at the disciplinary hearing. Describe the room in which the hearing was held and how close in proximity your client was to the alleged assailants. 9. Please report whether the University in the disciplinary hearing specifically addressed the student code of conduct under general student discipline or sexual harassment. 53? If y. have any questions, please contact me at 312-730-1580. Sandra L. Garcia Senior Equal Opportunity Specialist US. Department of Education Office for Civil Rights Citicorp Center 500 West Madison Street, Suite 1475 Chicago, lL 60661 312?730-1580 (direct) 312-730?1560 (general) 312-730-1576 (fax) amrgsiig?meiggx Garcia, Sandy From: Jennifer Kosich Sent: Tuesday, July 10, 2012 10:49 AM To: Garcia. Sandy Subject: OCR Docket 05-12-2195 Attachments: 2012-7-3 ofl ltr.pdf Ms. Garcia Attached please find the documents from Mr. Navarre. If you have any questions, please contact our office. Thanks. Jennifer Kosich Paralegal Messing Navarre, LLC 30 N. LaSalle Street Suite 1524 Chicago, IL 60602 TEL: 312-262?6700 FAX: 312-262?6710 JNAVARRE. LLC The information transmitted is intended only for the person(s)or entity to which it is addressed and may contain confidential and/or legally priVileged material. Delivery of this message to any person other than the intended recipient(s) is not intended in any way to waive privilege or confidentiality. Any review, retransmission, dissemination or other use of or taking of any action in reliance upon, this information by entities other than the intended recipient is prohibited. If you receive this in error, please contact the sender and delete the material from any computer. UNIVERSITY or ILLINOIS AT URBANA-CHAMPAIGN Senate Committee on Student Discipline 300 Fred H. Turner Student Services Building 610 East John Street Champaign. IL 6l820 [Also sent via E-mail to: Deal 6 7 Please ?nd attached your copy of the disci lina hearing decision letter sent tc( resulting from the hearing on As a reminder, we discussed the decision immediately a?er the hearing. This is merely a review of that conversation. Due to a recent change in guidance from the Of?ce for Civil Rights and the Department of Education, I am informing you that you have the same appeal rights asilbx?); (WW3) If you should wish to a tee. Please note that your deadline for ?ling a written notice of appeal is A c0py of the appeal procedures is attached for your reference. Sincerely, Enclosures: 1. Victim's copy of Subcommittee Decision Letter 2. Appeal Procedures 6: xc: Sanction Ltr. File Student Phone (217) 3338680 Fax 333-4084 E-Mail: bfarbcr?illinois.cdu UNIVERSITY OF ILLINOIS AT Senute Committee on Student Discipline 300 Fred H. Turner Student Services Building 6l0 Enst John Street lL 6 820 A 9x6); via email to? (DbeD) sent Student 10: Dca At its meeting held on Ithc Subcommittee on Under iruduntc Student Conduct found thi you gb1?612 (QXKC) I Al'ter consideration of all of the facts and circumstances. the committee detemiined to drop the charges related to your possible violation oi?rulc 302.1t.3. 302p. and 302.q ot'thc 2010-201 1 Student Code. Dropping charges means that the Subcommittee found that your conduct did not violate the enumerated provisions ol? the Student Code. Your ?le will remain in the Of?ce for Student Con?ict Resolution for one year from the date of your henring. A dropped charge may be recharged within one calendar year ol?thc date it was dropped. ll?a charge is dropped. the student has no diseiplinnry history. 0-. This decision is subicct to nppenl by the victim in this case. 'l?hnt appeal must be ?led in this ol'iiee by 4:00 pm. onl(b)(6)? l?nn nppeul is ?led. you will be contacted. Should you have nny questions, please do feel free to contact me. Sincerely. Justin Brown Assistant Executive Director xc: Ltr. l?ilc (SU 2.): Hearing l-?ilc (6/29/l 2): Student l-?ilc; Student Plume 331-1080 [Tux (Jl?l) 333-4th Ii-Muil: Senate ommittce on Student Discipline 300 Fred H. Turner Student Services Building 6 0 East John Street Champaign. IL 6l82t) you had conduct did not violate the enumerated pt OF ILLINOIS :l sent via email to: Student ID: Casel(b)(6); I I Atter consideration ol?all oftlte facts and circumstances. the committee determined to drop the charges related to your possible violation of rule 30241.3, 302;), and 302.q oftlte 20 [0-201 Student Code. Dropping, charges means that the Subcommittee found that your 'ovisions ot'the Student Code. Your file will remain in the Of?ce for Student Con?ict Resolution for one year from the date ol? your hearing. A dropped charge may be recharged within one calendar year of the disciplinary history. This decision is sut'Iet i' by p_m_ on date it was dropped. li'a charge is dropped. the student has no llegcd victim in this case. That appeal must be ?led in this of?ce ll?an appeal is ?led. you will be contacted. Should you have any questions, please do Feel free to contact me. Sincerely, Justin Brown Assistant Executive Director Sanction Ltr. l-?ile (SUIZZ): Hearing File (6/29/12); Student File; Student l-as All-Mind l'i-Mml: UNIVERSITY OF ILLINOIS AT URBANA-CIIAMPAIGN Senate Committee on Student Discipline 300 Fred H. Turner Student Services Building 610 East John Street IL (il820 July 3, 2012 sent via email to: Student ll): Case: the Subcommittee on Undergraduate Student Conduct found that 6: 7 Dear At its meeting held 09(6); er consr era ten 0 a te ac and Circumstances. the committee determined to drop the charges related to your possible violation of rule 302.213. 302p, and 302.q ofthe 2010?201 1 Student Dropping charges means that the Subcommittee found that your conduct did not violate the enumerated provisions ol? the Student Code. Your tile will t'cmttin in the Other: for Student Con?ict Resolution for one year from the date of your hearing. A dropped charge may be recharged within one calendar year ot-?the date it was dropped. ll'a charge is dropped, the student hus no disciplinary history. This decision is subject to appeal by the alleged victim in this case. That appeal must be tiled in this of?ce by 4:00 pm. on lt' an ttppeal is tiled. you will be contacted. Should you have any questions, ease do feel free to contact me. Sincerely. gh?. Justin Brown Assistant Executive Director xe: Sanction Ltr. File Hearing l?ile (6/29/l2); Student File; Student Phone (217) 153-3030 Fm 7) 3.13.4th l?i-Mlltii ctlu Appendix D: Appeal Procedures for Cases Involving Sexual Misconduct 1. In General a. Scope. These procedures are only used in the adjudication of cases that include a sexual misconduct charge (I-302bl through l-302b5). Jurisdiction. The Executive Director accepts appeals from all ?nal disciplinary actions of a DO, the Director of Registered Student Organizations, and the Residence Hall Judicial Council (RHJC) which are not of record. The appropriate Subcommittee accepts appeals of all final disciplinary actions of DO where the sanctions are of record (noted on transcript). Appeals of lnterfraternity Council and Panhellenic Council decisions are referred to the Board of Fraternity Affairs and the Board of Sorority Affairs, respectively. Pursuant to University Statutes, the Senate Committee on Student Discipline (SCSD) accepts appeals from all ?nal disciplinary actions of its Subcommittees on Student Conduct. The SCSD will also accept appeals of decisions of the Director of Registered Student Organizations where an organization?s recognition has been suspended or revoked. Grounds for Appeal. Appeals are not new hearings. Rather, the appellate review will be limited to a record of the original hearing and supporting documents. The appellant must demonstrate at least one of the following grounds for appeal: i. The hearing was not conducted fairly in light of the charges against the respondent and that information was not presented in conformity with prescribed university procedures. However, deviations from designated procedures will not be a basis for sustaining an appeal unless signi?cant prejudice results. ii. The decision reached regarding the respondent was not based on substantial information. That is, whether there were facts established in the hearing that, if believed by the hearing body, were insuf?cient to establish that a violation of the Student Code did or did not occur. The sanction(s) imposed by the hearing body was/were not appropriate for the violation(s) for which the student was found responsible. iv. New information or other relevant facts clearly not available at the time of the original hearing because such facts are now available. ll. Appeals to Executive Director Who May Appeal. Both the respondent and the alleged victim may appeal a decision to the Executive Director. The Dean of Students may also appeal a decision, but only if he/she determines that the decision was manifestly unfair to the University community. Notice of Appeal. The appellant must submit a Notice of Appeal to the Executive Director within ?ve business days of the original decision. Upon good cause shown, an extension may be requested in writing and may be granted by the Executive Director. Content of Notice of Appeal. The Notice of Appeal must contain at least the following. speci?c grounds for appeal; (2) speci?c outcome requested (3) appellant's reasons in support of the outcome requested. Appeals must be formal letters written and signed by the appellant. Appeals are not accepted verbally. Noti?cation of Other Party: if a Notice of Appeal is submitted by one party but not both, the other party will be noti?ed and granted access to the document. S/he may then submit a written response to be considered by the Executive Director. The appellant will then be granted access to this response. Sanction Held in Abeyance Pending Appeal. The effective date of any sanction will be held in abeyance automatically during the period when the appeal may be ?led and until the Executive Director reaches a decision on any appeal ?led. However, the Executive Director retains the right to retain certain conditions or restrictions, particularly those related to life safety issues and ?no contact" directives. Appeal Review. The Executive Director may conduct interviews with parties involved in the matter disciplinary of?cers, respondent, witnesses, and alleged victim.) Authority of Executlve Director. Upon review. the Executive Director may: i. Af?rm the action, at which time the matter will be considered ?nal and binding upon all involved. ii. Reverse the action taken by the original heating body and dismiss the case. Remand the case to the original or new hearing body for a new hearing. iv. Increase or decrease any sanctions imposed if deemed appropriate based on information presented during the appeal process. Notice and Record of Decision. A decision will be communicated to the respondent, the alleged victim, and the hearing of?cer within 5 days of the conclusion of the Executive Director?s review of the case. 111. Appeals to Subcommittees and Senate Committee a. Who May Appeal. Both the respondent and the alleged victim may appeal a decision to a Subcommittee or the Senate Committee, as The Dean of Students may also appeal a decision, but only if he/she determines that the decision was manifestly unfair to the University community. Notice of Appeal. The appellant must submit a Notice of Appeal to the Executive Director within ?ve business days of the date on which notice of the action of the original hearing was transmitted to that individual. Upon good cause shown, an extension may be requested in writing and may be granted by the Executive Director. Content of Notice of Appeal. The Notice of Appeal must contain at least the following: (1) speci?c grounds for appeal; (2) speci?c outcome requested (3) appellant's reasons in support of the outcome requested. Appeals must be formal letters written and signed by the appellant. Appeals are not accepted verbally. Noti?cation of Other Party: If a Notice of Appeal is submitted by one party but not both, the other party will be noti?ed and granted access to the document. S/hc may then enhmit a tut-sum response to be considered by the SCSD or Subcommittee. The appellant will then be granted access to this response. e. Sanction Held in Abeyanee Pending Appeal. The effective date of any sanction will be held in abeyance automatically during the period when the appeal may be ?led and until the committee reaches a decision on any appeal ?led. However, the SCSD and Subcommittees retain the right to retain certain conditions or restrictions, particularly those related to life safety issues and ?no contact" directives. Appellate Review. i. The hearing of any appeal will be scheduled by the Executive Director for the most expedient meeting of the SCSD or Subcommittee following the date of the ?ling of the notice of appeal. The Executive Director will notify the appellant and the other party of the date, time, and place of the hearing in writing at least 5 days prior to the hearing. ii. A quorum for hearing an appeal shall consist of ?ve of the authorized, voting membership of the SCSD or Subcommittee. [Please note: special quorum requirements of some subcommittees are noted elsewhere in this document]. The appeal hearing will be closed to the public. The respondent and the alleged victim may both attend the hearing, and each has the right to bring an advisor. iv. The appellant will present a brief (limited to l0 minutes) statement detailing his/her rationale for appeal. v. The other party may also present a brief (limited to 10 minutes) statement in response. vi. The Chair of the Committee/hearing of?cer responsible for the original decision or a member designated by the Executive Director will attend the hearing and may make statements regarding the original hearing. Any involved parties and advisors have the right to be present for such statements. vii. No person may address the Committee without the express consent of the Chair of the Committee/Subcommittee. Deliberations. The SCSD/Subcommittee will deliberate on the appeal in executive session. The ExeCutive Director may authorize non-voting parties (such as University Counsel) to be present for deliberations. Appeal decisions of the SUSC and Subcommittee are made by a two-thirds majority vote. Absent a two thirds majority, the decision of the original hearing body shall be af?rmed. Authority of SCSD/Subcommittee. After deliberations, the SCSD/Subcommittee may: i. Af?rm the action, at which time the matter will be considered ?nal and binding upon all involved. ii. Reverse the action taken by the original hearing body and dismiss the case. Remand the case to the original or new hearing body for a new hearing. iv. increase or decrease any sanctions imposed if deemed appropriate based on information presented during the appeal process. Notice and Record of Decision. A decision will be communicated to the respondent, the alleged victim, and, when applicable, the Chair of the appropriate Subcommittee of the action taken within 5 days of the date the SCSD/Subcommittee has reached a decision. Garcia, Sandy From: Garcia, Sandy Sent: Tuesday, July 10. 2012 10:03 AM To: Skerrett, Lauren Cc: Tamburro, Karen Subject: of - Champaign 05121295 Jim Navaree, Complainant?s Legal Representative, left me a phone message on July 5 and 9,2012. I spoke to him by phone today. He advised that the University held a hearing on June 29, 2012, and found that neither of the accused violated the student code. He will forward to me the letter provided to He stated that they University provided no basis for their decision; thus, they have no speci?r basrs for appeal. Additionally, he stated that I told him our office can not advise him on whether or not he show appeal. Sandra L. Garcia Senior Equal Opportunity Specialist US. Department of Education Office for Civil Rights Citicorp Center 500 West Madison Street, Suite 1475 Chicago, IL 60661 312?730-1580 (direct) 312?730-1560 (general) 312-730-1576 (fax) UNITED STATES DEPARTMENT OF EDUCATION 3:381}: OFFICE FOR CIVIL RIGHTS INDIANA IOWA 500 WEST MADISON ST. SUITE I475 MINNESOTA CHICAGO, IL 6066I-4544 NORTH DAKOTA WISCONSIN July 3, 2012 Jim P. Navarre, Esq. Mossing Navarre, I,.li.C. 30 North LaSalle Street Suite 1524 Chicago, 1L 60602 Re: Docket 05-12-2195 Dear Mr. Navarre: This is to notify you that the .S. Department of Education, Office for Civil Rights (OCR), has carefully evaluated the above-referenced complaint you ?led with OCR on May 31, 2012, against the University of Illinois at Urbana?Champaign (University) alleging sex discrimination. 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 the University has subjected Student A to discrimination on the basis of sex when: I) from May 201 to present, other students sexually harassed Student A and the University was aware ofthe harassment but has failed to respond or appropriately, and 2) in January 2012, Student A ?led a grievance with the University alleging discrimination on the basis of sex, and the University has failed to or appropriately respond to the grievance. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 .S.C. 168], and its implementing regulation at 34 CPR. Part 106, which prohibits discrimination based upon sex in educational programs and activities that receive Federal ?nancial assistance from the Department. As a recipient: of Federal financial assistance from the Department, the I lniversity is subject to the provisions of Titic XX. Accordingly, OCR has jurisdiction over the complaint. 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 Jim P. Navarre, Esq. Because OCR has determined that it has jurisdiction and the allegations were ?led timely, it is opening the allegations for investigation. Please note that opening the allegations for investigation in no way implies that OCR has made a determination with regard to the 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 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 ofcomplaints by providing an early opportunity for the parties involved to resolve the allegations. Some information about the liCR process is in the enclosure to this letter. In addition, when appropriate, a complaint may be resolved before the conclusion ofan 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. We will communicate with you periodically regarding the status of your complaint. If you are interested in resolving your complaint through liCR process or have any questions, please contact Sandy Garcia at 312v730-1580 or by email at Tamburro Supervisory Attorney Enclosure UNITED STATES DEPARTMENT OF EDUCATION REGION ILLINOIS OFFICE FOR CIVIL RIGHTS INDMNA IOWA 500 WEST MADISON sr.. SUITE 1475 MINNESOTA CHICAGO, IL 60661-4544 NORTH DAKOTA WISCONSIN July 3, 2012 Dr. Michael .I. llogan President University of Illinois 108 Henry Administration Urbana, IL 61801 Re: OCR Docket #05-12-2195 Dear Dr. Hogan: The .S. Department of Education (Department), Of?ce for Civil Rights (OCR), has received and evaluated the above-referenced complaint ?led with OCR on May 31, 2012, against the University of Illinois at Urbana-Champaign (University) alleging discrimination on the basis of sex. We conducted the evaluation in accordance with .?ase 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 the University has subjected Student A to discrimination on the basis of sex when: 1) from May 201 tO present, other students sexually harassed Student A and the University was aware of the harassment but has failed to respond or appropriately, and 2) in January 2012, Student A ?led a grievance with the University alleging discrimination on the basis Of sex, and the University has failed to or appropriately respond tO the grievance. 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 discrimination based upon sex in any educational program or activity upem?tco by a recipient of Federal ?nancial assistance. As a recipient of Federal ?nancial assistance 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. Hogan, President University of Illinois from the Department, the University 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 filed timely, it is opening the allegations for investigation. Please note that opening the allegations for investigation in no way implies that OCR has made a determination with regard to the merits. 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 dispositivc 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 ofcomplaints 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 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: 0 complaint processing procedures, including the availability of 0 Regulatory prohibitions against retaliation and intimidation of persons who file 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 CPR. 100.6(b) and (0), 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 CPR. 100.6(c) and 34 CPR. of the regulation implementing the Family Educational Rights and Privacy Act (FERPA), 20 .S.C. 1232g, OCR may review personally identi?able records without regard to considerations ufpi ivuey m? cunfidcfulal'lly. Accordingly, OCR requests that you provide the following information to us within ?fteen (15) calendar days. Wherever possible, please provide the requested information in Page 3 ?Dr. Hogan, President University of Illinois electronic format. If responsive data are available through the lntemet, provide the link to the data. 6. A narrative response to the complaint allegations including a description of the reason(s) why Student A left the University. A copy ofthc University?s policy prohibiting sex discrimination, including any related grievance procedures and the University?s procedures for responding to a grievance, sexual violence or other sex discrimination complaints, a description of penalties for violations of the policy by students, and an indication of how students and others are informed of the policy and procedures. In addition, please provide all existing intemet links to any policy and/or procedure referenced in response to this item. A copy ofthc University?s student handbook for the 20 O-l and 201 1-12 school years. lf not included in Item a copy ofthc University?s Student Code of Conduct and the University?s disciplinary policies and procedures in effect for students for the 2010-20] 1 and 3201 1-2012 school years. The name and contact information of the University?s ?l'itle IX Coordinator and, if different, the name and title of any individual responsible for implementing the University?s sexual harassment grievance procedures. The name and contact information of any University staff or administrator responsible for conducting an investigation into Student A?s grievance alleging sex discrimination and/or harassment. With regard to the alleged sexual harassment of Student A, provide the following: a. A copy of all written reports of harassment filed by or on behalf of Student b. A narrative description of all formal or informal verbal report(s) of harassment made by or on behalf of Student c. A description of all actions taken by the University, including but not limited to the Of?ce of Con?ict Resolution, to investigate and, if appropriate, respond to all written or verbal report(s), including any supporting documentation; d. A copy of all documents referring or relating to Student A?s report, the University?s investigation and its ?nal determination, including but not limited to all correspondence, memoranda, complaint forms, interim and ?nal reports, electronic mail messages, photographs, video, and notes; e. A c0py of all written notices given to the parties involved regarding the ?nal outcome of the investigation; Page 4 Hogan, President 8. H. University of Illinois f. The name and title of all individuals who participated in the investigation(s), including the role each played; g. A list of all individuals interviewed in response to the allegation(s), the individuals contact information, the names and titles of the interviewers, and the notes from the interviews; and h. A list of any resources and services offered to Student A by the University, including but not limited to counseling, medical services, and academic support. Describe how the University records and tracks complaints ofdiscrimination based on sex or sexual harassment, including any monitoring that takes place after complaints are received, investigated, and responded to. For each student identi?ed as having sexually harassed Student A, either through her report or the University?s investigation, provide a copy of the complete academic file, including any disciplinary records regarding the student, and the rationale for the discipline or the determination not to administer discipline. . For the 2010-1 1 and 2011-12 school years, identify all other complaints (formal or informal) of sex discrimination, sexual harassment or sexual violence ?led at the University. For each complaint identified, provide the following: a. A copy of the written reports of harassment ?led by or on behalf of the complaining parties; b. A narrative description of all verbal reports ofharassment made by or on behalt?of the complaining parties; c. A description of all actions taken by the University to investigate and, if appropriate, respond to all written or verbal report(s); d. A copy of all documents regarding the report and investigation, including but not limited to all letters, memoranda, complaint forms, reports, electronic mail messages, photographs, video, and meeting notes; The name and title of all individuals who participated in the investigation(s), including the role each played; f. A list of all individuals interviewed in response to the allegation(s), and the notes of all interviews; and A copy of all determinations made by the University as a result of its investigation(s), .0 QC A detailed description of any training regarding sex discriu?iinauon that occurred tor the 2010-11 and 20] 1-12 school years, including any training covering sexual harassment and sexual violence, provided to the University?s Title IX coordinator or other University personnel, including the date(s) the training was provided, the names and quali?cations of the individuals who provided the training, a list of the names and Page 5 ?Dr. Hogan, President University of Illinois titles of the individuals who attended the training, and a copy of any materials distributed at the training. 12. If not included in the response to the above items, all other documents in the University?s possession relevant to the allegations 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-sitc visit is necessary, we will work to schedule a mutually convenient time for the 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 ofthis 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 are interested in resolving your complaint through liCR process or have any questions, please contact Sandy Garcia at (312) 730.1580 or by email at Karen E. 'l?amburro Supervisory Attorney Enclosure OCR Docket 05-12-2195 l7rom: Salina Gamboa Re: Complainant Intake Interview Date: June 14, 2012 On June I3, 2012. I interviewed the Complainant in the above-referenced complaint. Prior to the interview I informed the Complainant of the information required by the CPM. The Complainant told OCR that the physical assault occurred during Student A?s freshman year at the Universitythe written complaint. the (-omplainant wrote that or a student named 57((0 Lvho attended another University sexually assaulted Student A at (W7 C) 09(6); ?We? the Univ ?rsit eam us. later that da Student A w'nt to th ?Luci where she was treated for iniuries which 6 7 During the mterwew, the omplamant told OCR that the student ( In the written complaint. the Complainant wrote that within days of the ssault (was); (Mme) (WKC) new about the event but tailed to investigate or initiate an investigation into the assault and subsequent During the interview, the Complainant told OCR that because the incidents occurred around ?nal exams, Student A met with the Emer enc Dean reorted the incident to the Emergency Dean who is Associate Dean of Students ecause her immediate concern was how she would complete her?nals. The Complainant stated that the (WW3) recognized that Student/1 had been assaultea becaus?W'ma as ed To not sit for some exams. The Complainant said that did not respond appropriately in i that she did not advise Student A about the student discipline process or initi investigation on her own. The Complainant said that Student A reported to lama; (MW certain whether or not at this point In ent kneu mac) He stated that the Dean did recognize that Student A had been assaulted because the Dean sent a request on behalf of Student A that Student A not sit for exams at that time. The Complainant told OCR that a [who is in charge of Greek Life I ha 'sm nt and atled to take action. Dean vas aware of (W7 Despite (bx-I failed to notify Student A of her right to ?le a complaint, or initiate an investigation into what ha 1 I ened on her own. The Complainant said that Student A did not initially know thanew of the events FEW-duality she had discovered she could ?le a student discipline complaint in ring the course of ?ling her complaint, Student A became aware that CW7 knew about the events. When asked the status of the student discipline complaint, the Complainant said that the University still had not scheduled a hearing datethe written complaint. the Complainant wrote that tailed to Initiate the student disciplinary process on their own. Al?tcr Student A learned about the disciplinary process. Student A aggressively pursued the matter with the University. The Complainant told OCR that Student A became aware of her right to ?le a complaint in She found out about the women center in class and never received a response form the women 's center for assistance. (bx-KC) I he Complainant said that Student A ?s parents started to make calls to the University asking why nothing had taken place in response to Student A ?s report of what happened. During that time, the parents and Student A learned about the student discipline process for ?ling a complaint. Student A ?led a complaint in January 2012 with the Of?ce of Student Con?ict Resolution. To date however a hearing has not taken place and neither of the students involved ms been the subject to discipline. The Complainant stated that Student A ?s last contact with the University occurred about one month ago while trying to obtain a hearing date. He believes that the University asserts that the hold-up is due to trying to get appropriate faculty in place during the summer. She pursued a complaint against the students who harassed her that attended the University. She complaint against the student that assaulted her because he attended He did not have a copy of the complaint. In the written complaint, the Complainant wrote that i (bx-KC) an incident of sexual harassment took nlace while Student A attended a social event at the niversitv. The Complainant told OCR that Student A did not list the students that made the comments in 1 her complaint. He said that these students did not know that the of an assault. She did not list these boys in the complaint. I owever, the Complainant noted this demonstrates that Student A still suffered from the sexual harassment and the University 's failure to appropriately respond. He said the incident constituted ongoing harassment in that she continued to have to deal with the assault and that it was publicly disseminated. He said this signi?canth point out thefailure of the University to take action and that they allowed the harassment it to continue. He said that the University is aware of the WC) incident. The Complainant wrote in the complaint that lollowin . 52(6); (bx?7 udent A I When did you consider that that they were not doing anymore. or when did they tell you they were not taking, any more actirm'.? The Complainant said because the University has taken so long to give her a hearing date. He stated that it does not seem that they are moving with the speed that they should. He does not believe that the allegations are untimely, but if appropriate he wishes to request a waiver. He said the reason for/iling after I80 day timeframe was because Student A did not know she had the abilit to ursue disciplinary action with the Of?ce for Student Con?ict Resolution until I he believes this is an ongoingr violation. In addition, the discrimination is ongoing because the University still has not taken appropriate action to prevent reoccurrence aml address what happened with the students aml Student A. The Complainant said that every day the Universityfails to respond is discrimination. He stated that until they actually have a hearing and take action to address the sexual harassment it is an ongoing Title IX violation. He said another example that it is ongoing is Student A ?5 recent discovery (last month that the Dean of Greek affairs knew about what happened within a week that the incident occurred and did nothing. No one has ever contacted her and tried to interview her about the incident. includingimwli (W3C) . In summary the Complainant said that his allegation is that the University subjected Student A to discrimination on the basis of sex in that she was sexually harassed by other male students sincend it is ongoing am! that the University failed to investigate a report and complaint of sexual harassment in a prompt and equitable manner. At the time the assault happened StudentA did not know she could pursue a discipline complaint and the harassment has been on oin: or example, the confrontation that occurred with Student A and other male students in I ,ce she found out about ability ?le a complaint with the University she did so in wxnc) ?You can ?t fault her for the University not telling her about that ability to ?le a complaint. They should have investigated it on their own though. When she ?rst found out she could ?le she did and the recent discovery that knew which occurred within the last month makes her complaint timely. So in I she ?nds out knew am! (lid absolutely nothing am! so she is timely with that as well and not to mention the harm itselfand the occurrence is also ongoing. Alleged Victims of Sexual Misconduct in Disciplinary Hearings: Frequentlv Asked Page 1 of 6 text only text only I: skip to content I Search Of?ce for Student Con?ict Resolution University of Illinois at Urbana-Champaign l-lomc Mediation Tolerance Student Disciplinary Procedures Common Educational Sanctions Code ol'Condug $933121} Services Ponns Reports Contacts Alleged Victims of Sexual Misconduct in Disciplinary Hearings: Frequently Asked Questions The following information is provided in an attempt to clarify information in the University of Illinois at rbana-Champaign Disciplinary Procedures. Please be advised that the Disciplinary Procedures will be the controlling document and any apparent con?icting information will defer to those procedures and not the l?AQs. I am not sure what 1 want to do about this incident, if anything. Can I just talk to someone about my options without deciding to make a formal complaint? Yes. A sta??member in the Of?ce for Student Con?ict Resolution will listen to your concerns, answer questions about our process, and direct you to other agencies that can support and assist you. Reporting the incident to our of?ce and discussing it does not mean that you must pursue a complaint in our process. We will respect your wishes while balancing our need to protect our University community. If] ?le a complaint with the University, can I still ?le a complaint with the police? Yes. The University's discipline process is not designed to be a substitute for criminal law in any way. Victims are encouraged to explore options for reponing the incident to local law enforcement, and the Of?ce for Student Conflict Resolution can assist you in doing so. Nothing will prevent you from pursuing University. criminal. and Civil remedies concurrently. individually. or not at all. 6/12/2012 Alleged Victims of Sexual Misconduct in Disciplinary Hearings: Frequently Asked Page 2 of 6 I am under 21 and I was drinking before this incident occurred. Will I get into trouble for violating the code? Our primary concern is to investigate and address the charge of sexual misconduct. In very, very rare circumstances, the Of?ce for Student Conflict Resolution will have such a great concern for the health and safety of the person who ?led the complaint that we must take some corrective action. However, this will typically be handled by making informal referrals to of?ces and agencies which can help you. An alleged victim should not be concerned about any disciplinary action directed at them as a result of ?ling a complaint. I still see the respondent in my residence hall and in class and feel uncomfortable. Can anything be done about that? The Campus Sexual Assault Victims Bill of Rights guarantees you certain rights in our process. At your request. we will take reasonable steps necessary to prevent unwanted contact between you and the accused student. For example. the University will assist you in ?nding a new place to stay if the accused student lives in the same residence hall. Also, if you attend a class with the accused student. we can assist you in changing sections. if possible. or making other arrangements to limit contact. I have been told that I will be an "alleged victim"? What does that mean? "Alleged Victim" is the term used to refer to the person who brought the complaint to the attention of the University. "Respondent" is the term applied to the student expected to answer to the complaint through the University discipline process. Our process is designed to be a balanced forum for determining the truth. 'l?he committee will gather all ofthe inforn'iation it can from you. the respondent. and other people with knowledge ofthe incident in order to reach a fair decision. I have already given statements to the police and hospital staff. Why do I need to give another one to the Of?ce for Student Con?ict Resolution?! Unfortunately. statements that you give to police of?cers and medical employees are protected by con?dentiality and cannot readily be shared with our of?ce. Also, our process may be seeking to answer different questions. than the police asked you. In order to provide the committee with as much clear and speci?c information as possible. it will be important to get a written and signed statement from you as soon as possible. Also. ifa rape examination was conducted by a physician, you will have access to your own medical records and should begin working to obtain a written summary of the results as soon as possible. Ideally, the treating physician would make written comments about his/her observations from your exam. 'l?his physician may also make a good witness for the hearing. Do I have to participate in a hearing? No. It is possible for the University to pursue disciplinary action without your participation in a hearing. However, it can make a finding the facts more dif?cult. It is very unlikely that a respondent would be dismissed from the University without a formal hearing in which the alleged victim participates unless the respondent admits the violation. 6/12/2012 Alleged Victims of Sexual Misconduct in Disciplinary Hearings: requentlv Asked Page 3 of 6 Who will be representing me at the hearing? Unlike a criminal trial. participants in our informal administrative process are expected to represent themselves. This means that you will tell the committee the incident that occurred and then the committee and the accused will be able to ask you questions. You are not "on trial" and neither is the respondent. The hearing is designed to ?nd the truth, and the committee members will need to ask thorough questions ofeveryone involved to be con?dent that they have all the information they need to make a decision. Can someone sit along with me during the hearing to support me? Yes. You are encouraged to bring an advisor to the hearing to serve as a source ofsupport and to assist you in thinking ofquestions you would like to ask. Your advisor may be anyone you choose. including but not limited to another student. a faculty or staff member. a parent. or an attorney. Your advisor will not be allowed to speak directly to the committee nor is hc/she allowed to ask questions for you. Your advisor is there solely to assist you. Information for advisers in our process is also available on this web site and you are encouraged to give it to him/her. lfthe advisor you have chosen is unavailable for the scheduled hearing time. the hearing will not be rescheduled and you are welcomed to choose another advisor. You are not required to have an advisor. Who will be in the room for the hearing? You will be ushered into the hearing room moments after the respondent at the beginning of the hearing. The committee members will already be seated in the room. A staff member from the Of?ce for Student Con?ict Resolution will remain in the room throughout the hearing. Witnesses will be brought in one at a time to give their statements and answer questions. ()ur hearings are not public and only those ful?lling speci?c roles will be allowed into the hearing room. What is the format of the hearing? While informal, the process is structured to assist the committee in gathering information in an organized way. First. the chairperson will read introductory comments and the committee members will introduce themselves to you. The Disciplinary Of?cer will then advise the committee of the investigation he/she conducted and review the information gathered. Next. the chair of the committee will ask the respondent to summarize the incident. The committee members will then ask follow-up questions. After the committee is ?nished. the chair will also ask ifyou have any questions for the respondent. The chair will then ask you to summarize the incident that occurred. Your statement should take 5-l0 minutes. and then the committee will ask you questions to clarify your statements. The respondent will also be able to ask questions of you through the chairperson. which means he/she won't speak to you directly. Then. witnesses will be called into the room one at a time and will be questioned by the committee and both you and the respondent. After all witnesses have been heard. you will be given the opportunity to make a closing comment to the committee. These comments should be a summary of the information they have heard about the facts and what you want them to think about as they deliberate over the incident. The respondent will also be invited to make a closing comment to the committee. If the committee has no additional questions. you and the respondent will be escorted mit nfthe hearing mom as the committee deliberate; 6/12/2012 Alleged Victims of Sexual Misconduct in Disciplinary Hearings: Frequentlv Asked Page 4 of 6 What kinds of questions will I be asked? In order to understand the incident and allegation, the committee will need to ask thorough questions about all aspects and details of the incident. They will also ask you questions about any discrepancies in your information and con?icts between your statements and other information or written statements. Please prepare yourself to speak frankly about all aspects of the encounter. The committee will be as sensitive to all parties as possible as they gather this important information. Who serves on the Subcommittee? The subcommittee consists of at least five people selected from a pool of faculty and students who were appointed by the Senate Committee on Student Discipline and trained by the Office for Student Con?ict Resolution. Our procedures require at least one student and one faculty member on each committee. While a minimum of 5 members are required. the committees often consist of 7 to 0 members. Will the respondent be in the room while I am giving testimony? Yes. Our process guarantees that any student accused ofa violation ofthe code will be allowed to hear all ofthe information that will be presented at the hearing. However. the room will be arranged so that you will not have to look at one another while you speak to the committee. Both ofyou will be on the same side ofthe table with committee members separating you. You will face the chairperson of the hearing committee. direct your statements to the chairperson. and ask questions of each other through the chairperson. Our office will be as sensitive to your needs as possible while still ensuring fairness to the respondent. No one else saw this incident because we were alone. Won't this just be a case of "he said, she said"? It is often the case in allegations of sexual misconduct that there were no witnesses to the incident other than the respondent and the alleged victim. However. the committee will ask both parties questions to assess the credibility of each person's version ofthe incident. Clearly. having an unbiased witness other than the two parties can be very helpful to the committee. but this is neither required nor necessary. The committee will be most interested in your honest responses to their questions. Ultimately. they will determine what the facts ofthe incident are. Your conversations with the staffin the Of?ce for Student Con?ict Resolution may help you to identify witnesses you have not yet considered. Whom should I call as a witness? The most valuable witnesses are those who actually saw what occurred. However, others may also be useful to corroborate your statements such as the first person you spoke with about what happened. people who had been with you immediately prior to or after the incident. or people who spoke to the respondent immediately following the incident. The University will call witnesses that we feel are important for the committee to hear from. You may also call additional witnesses. The University cannot compel any person to participate in the hearing. Be prepared to explain to a stall'member in the Of?ce for Student Con?ict Resolution the nature of the statements that any witness you call will provide and how it is relevant. The chairperson of the hearing committee has the authority to reject 6/ 2/ 20 2 Alleged Victims of Sexual Misconduct in Disciplinary Hearings: Frequenth Asked Page 5 of 6 witnesses who will offer irrelevant or redundant information. Character witnesses will only be allowed to present information in writing. Can I know the outcome of the hearing? A student's educational records, including discipline records. are required to be kept confidential by law. However. the law requires that individuals who ?le complaints of sexual misconduct be notified ofthe outcome ofthe University's actions with regard to the complaint. including whether or not the accused student was found responsible for a violation and what sanctions were imposed. You are asked to set an appointment with a staff member in the Office for Student Conflict Resolution to learn the outcome of the hearing. It is the practice ofthis office to share this information with you in the office rather than over the phone. The University neither encourages nor discourages victims from further re-disclosurc of the outcomes ofdisciplinary hearings. but encourages victims to consult with legal counsel before doing so. [low should I prepare for the hearing? Should I write my statements down? You should schedule a meeting with a staff member in the Office for Student Con?ict Resolution to review any ofthe written information that will be used in the hearing. It is permissible for you to write out your summary ofthe incident as well as your closing comment and read these statements to the committee. Please keep these narratives detailed but brief. You should prepare for the hearing by reviewing your memory of the incident with your advisor or a trusted friend. The committee will appreciate your detailed and clear responses to their questions. What should I say in my impact statement? If the committee finds the respondent in violation ofthe Student Code. you will be invited back into the hearing room to make an impact statement. Your comments might include the impact. if any. this incident has had on your physical and emotional well-being. your academic or employment obligations. and your relationships with friends and family. After you statement is complete. the committee will excuse you. If you prefer. you may offer an impact statement in writing in lieu of appearing in person. What kinds of sanctions might the committee assign the respondent? A student found responsible for sexual misconduct may be permanently dismissed from the University or removed from the University and be ineligible to return for an established period of semesters or years. Other sanctions include but are not limited to removal from the residence halls. restrictions of access to certain areas of campus, required counseling. required research and re?ective essays related to their inappropriate behavior, and/or a period ofconduct probation. What happens if the respondent appeals? The respondent will be invited to appeal the decision and sanctions in writing to the Senate Committee on Student Discipline. This committee will schedule an appeal hearing to consider any changes to the decision or sanctions. You will be informed if the respondent appeals and the outcome. Alleged victims are not invited to participate in appeal hearings. 6/ 1 2/20 I 2 Alleged Victims of Sexual Misconduct in Disciplinary Hearings: requentlv Asked Page 6 of 6 Can I appeal the decision? Our code does not permit appeals from the alleged victim. However, the Dean of Students has the authority to appeal if he/she determines that the decision was manifestly unfair to the University community. Alleged victims may request that the Dean review the decision. Any decision to appeal is left to the Dean and not to the alleged victim. - Return to lo; - Student Discipline Procedures Frequently Asked Questions Advisers Alleged Victims of Sexual Misconduct Attorneys in Subcommittee Meetings Disciplinarv ()l?licer (.?ascs Subcommittee llezu'inus ()l?licc for Student (?onllict Resolution 300 'l?urner Student Services Building (?hampaigm ll, 61820 :1217-333-3680 Student Affairs 2: Universitv ol' at I: 2007 6/12/2012 Gamboa, Salina From: Turnbull, Jeff Sent: Friday, June 01, 2012 10:02 AM To: Gamboa. Salina; Skerre t. Lauren Subject: FW: Title IX Complaint Attachments: Discrimination Complaint - attachment. pd We received a new complaint against University of Illinois yesterday by fax, which I am assigning to you. The fax contained only the complaint form with no details, and the attachment contains the details. i will give it to Betty to process. From: Howard, Melissa Sent: Friday, June 01, 2012 9:35 AM To: Turnbull, Jeff Subject: FW: Title IX Complaint (bx-KC) Jeff, Attached are missing pages from the of I complaint. Melissa lloward Attorney US. Dept oi~ liducation Of?ce for Civil Rights (?itigroup Center 500 W. Madison Street Suite I475 Chicago. IL Tel: 3 I 2.7301527 Fax: 3l2.73(l.157o limai I: Melissal lourard/ukegigov From: [0909; Sent: l-rioay, June 01, 2012 9:52 AM To: Howard, Melissa Cc: Sub] ompain (amm- Ms. Howard - Attached ?lens find the attachment to the Title IX complaint sent to your office yesterday on behalf of Mossing Navarre, LLC 30 N. LaSalle Street Suite L524 Chicago, IL 60602 TEL: 312-262-6700 FAX: 312-262-6710 was subject to sexual harassment and the University of Illinois Urbana Champaign has failed to take immediate and effective steps to end the sexual harassment and sexual violence. The University has failed to take immediate action to prevent the recurrence ol?the harassment and address its effects. The University failed to investigate to determine what occurred. As a 03) light to receive an education free l?rom discrimination was violated and she was The discriminatory policy or practice is ongoing sineelmm); (bx-KC) 1"lk' I?lparty which was attended bv land umerous X6 (Mac) 'as not able to students. Dunn the early mornin hours ot?l(b consent. llssaultet ie second lloor ol' the . Later that day. went to Room where she was treated for injuries which included I LV-y/n subsequently learned that an additional act of sexual harassment occurred (bX6); Since (bx-KC) the University has violated Title IX. This violation is on- going. I he has failed to take immediate and effective steps to end the sexual harassment and violence. The University failed to investigate the assault to determine what occurred and the University failed to take appropriate steps to resolve the situation. The University has failed to ensure that their employees are trained to report harassment to appropriate school officials so that employees with the authority to address a . . . espond Dronerlv. Within davs ofthe assault. Associate Dean of Students 1nd (bx-KC) knew about the event but failed to investigate or initiate an investigation into the assault and subsequent dissemination of (mom) never advised that she could me a student diseiplmary complaint. In addition. [Jeans lfailed to initiate the student disci alinary process on their own. After learned about the student disciplinary process. has aggressively pursued the matter with the University. To date. however. a hearing has not taken place and neither the students involved nor the Fraternity have been subject to discipline. After learning about the student disciplinary process through the Office for Student Conflict bursued a complaint I El lis still waiting fora hearing date from the Universny. Monitored channg in policy and procedure so that another student is not subject to the ongoing harm and sexual harassment tha has sustained. Payment ofattorney?s fees and medical costs incurred by me ing but not limited to past. present and future counselng costs. A complete refund ofall tuition. room and board. and fees paid by MOSSINGSL NAVARRE. LLC The information transmitted is intended only for the person(s)or entity to which it is addressed and may contain confidential and/or legally privileged material. Delivery of this message to any person other than the intended recipient(s) is not intended in any way to waive privilege or confidentiality. Any review, retransmission, dissemination or other use of or taking of any action in reliance upon, this information by entities other than the intended recipient is prohibited. If you receive this in error, please contact the sender and delete the material from any computer. UNITED STATES DEPARTMENT OF EDUCATION REGION ILLINOIS OFFICE FOR CIV IL RIGH IS INDIANA IOWA 500 WEST MADISON ST, Ii I475 MINNESOTA CHICAGO. Il. (30661-4544 NORTH WISCONSIN June 4, 2012 Mr. Jim Navarre 30 North LaSalle Street Suite 1524 Chicago, Illinois 60602 Re: 05-12-2195 Dear Mr. Navarre: The U.S. Department of Education, Of?ce for Civil Rights (OCR), is evaluating your complaint, which we received on May 31, 2012, 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. If you have questions about this letter or need further assistance, please call Salina (iamboa at 312-730-l627. Sincerely, Betty Wilson Equal Opportunity Assistant Enclosure The Department oflidueation?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. . ed . gov eCampus-Based Reports Noti?cations of Campus-Based Funding July 1, 2010 To June 30, 2011 Date: 04/06/2010 09:46:42 AuthOrized Fe_der_al Fed Perkins Loan School Level Of Ex enditure 5801 South Ellis Avenue FSEOG 3692.315 965 Chicago, IL, 60637-1476 FWS 52.793453 1701 University of Illinois at Chicago Perkins 2740 $5,384,382 1200 West Harrison MIC 334 FSEOG $839,505 1171 Chicago. IL. 60607-7163 FWS $1,972,747 1201 University of Illinois at Spring?eld Perkins 39 $77,113 One University Plaza FSEOG $90,890 126 Springfield, IL, 62703-5407 FWS $150,143 91 University of Illinois at Urbana-Champaign Perkins 1242 $2,441,665 601 East John Street FSEOG $822,956 1148 Champaign, IL, 61820-5796 FWS $1,756,049 1069 University of Saint Francis Perkins 91 $180,000 500 Wilcox Street SEOG $135,442 188 Joliet, IL, 60435-6188 FWS $127,638 77 VanderCook College of Music FSEOG $10,988 15 3140 South Federal Street FWS $12,712 7 Chicago, IL. 60616-3731 Vatterott College FSEOG $126,623 176 3609 North Marx Drive FWS $118551 72 Quincy, IL, 62305-5938 Waubonsee Community College FSEOG $49,331 68 Route 47 at Waubonsee Drive FWS $70.000 42 Sugar Grove, IL. 60554-0000 West Suburban College of Nursing FSEOG $25,031 34 3 Erie Court FWS 324.878 15 Oak Park. IL, 60302-2519 Western Illinois University Perkins 184 $361,747 1 University Circle FSEOG $315,160 439 Macomb, IL, 61455-1390 FWS $378,215 230 Westwood College - DuPage Perkins 1 $3,521 7155 Janes Avenue FSEOG $241,373 336 Woodridge. IL. 60517-2321 FWS $145,324 88 Westwood College - O'Hare Airport Perkins 0 $1,000 8501 West Higgins Road FSEOG $252,212 351 Chicago, IL, 60631-2801 FWS $159,950 97 Wheaton College Perkins 467 $918,061 501 College Avenue FSEOG $343,124 478 Wheaton, IL. 60187-5535 FWS $322,400 196 State of ILLINOIS 160 Perkins $0 37,236 No. Institutions 67 FSEOG $40,046,298 55,787 No. Institutions 151 FWS $52,077,007 31,641 No. institutions 144 . MOSSING NAVARRE. tic VIA FA CSIMIE: 312-730-15 76 Of?ce for Civil Rights US. Department of Education Citigroup Center 500 W. Madison St., Suite 1475 Chicago, IL 60661-7204 Dear Sir or Madam: You will find enc I Champaign on behalf of (mac) 4655 P. Adria East Mossing amossing@mossinglaw.com Jim Navarre jnavarre@mossingiaw.com Of Comet Patricia C. Bobb 61 Associates. PC. May31,2012 omplaint against the University of Illinois Urbana- Please call me to con?rm receipt and if you have any questions. Thank you. IN/jlk Enclosure Very truly y0u1's, . Navaire 30 North LaSalle Street - Suite 1524 - Chicago. lilinms 60602 Telephone: (312) 2626700 - Fax. (312) 262-6710 mossingnavarreiaw.com Maw. 2012 3:51am No.4655 .0. United States Department of Education Of?ce for Civil Rights DISCRIMINATION COMPLAINT FORM You do not have to use this form to file a complaint with the 0.5. Department of Education?s Of?ce for Civil Rights (OCR). You may send OCR a letter or e-mail instead of this form, but the letter or email must include the information in items one through nine and item {curteen or this form. if you decide to use this form, please type or print all information and use additional pages if more space is needed. An on- line version of this form, which can be submitted electronically, can be found at: tt 2 . bout 0 'ce com laint'nt Before completing this form please read all information contained in the enclosed packet including: information About OCR's Complaint Resolutioa Procedures, Notice of Uses of Personal information and the Consent Form. 1. Name of person ?ling this complaint: LaSt Namelhiaxa. rre First Name: Jim Middle Namez?l?riCk Address: 30 North LaSalle Street - Suite 1524 my, Chicago IL Zip Code: 60602 312-262-6700 -. . State: Home Telephone: 31 2-771 work Telephone; E-mail Address: 2. Name of person discriminated against (if other than person ?ling). If the person discriminated against is age 18 or older, we will need that person?s signature on this complaint form and the consent/release form before we can proceed with this complaint. If the person is a minor, and you do not have the legal authority to file a complaint on the student's behalf, the signature of the child?s parent or legal "uni-all -A.) Last Add: City: Home Telephone: Worlt Telephone: E-mail AddreSS: . Our Mission is to ensure equal access to education and to promote educational excellence th mug/mu: the Nation. May. 31. 20?? 3 Page 2 of 11 U.S. Department of Education, Of?ce for Civil Rights Discrimination Complaint Form, Consent Form, and Complaint Processing Procedures Name of Institution: Address: City: Champaign Department/School: l] OCR investigates discrimination complaints against institutions and agencies which receive funds from the U.S. Department of Education and against public educational entities and libraries that are subject to the provisions of Title II of the Americans with Disabilities Act. Please identify the institution or agency that engaged in the alleged discrimination. If we cannot accept your complaint, we will attempt to refer it to the appropriate agency and will notify you of that fact. University of Champaign State: Zip Code:61_820__ The regulations OCR enlorces prohibit discrimination on the basis of race, color, national origin, sex, disability, age or retaliation. Please indicate the basis of your complaint: Discrimination based on race (specify) Discrimination based on color (specify) Discrimination based on national origin (specify) Discrimination based on sex (specify) See attached. Mai/.31. 2012 LAWOFFICEOFADRIAMOSSIN No. 4655 P. 4 Page 3 of 11 US. Department of Education, Of?ce for Civil Rights Discrimination Complaint Form, Consent Form, and Complaint Processing Procedures El Discrimination based on disability (specify) Discrimination based on age (specify) Retaliation because you ?led a complaint or asserted your rights (specify) l_l Violation of the Boy Scouts of America Equal Access Act (specify) 5. Please describe each alleged discriminatory act. For each action. please include the date(s) the discriminatory act occurred, the name(s] of each person(s) involved and, why you believe the discrimination was because of race, disability. age. sex, etc. Also please provide the names of any person(s) who was present and witnessed the act(S) of discrimination. See attached. May. 3i. 2012 LAWOFFICEOFADRIAMOSSIN Page 4 of 11 US. Department of Education, Of?ce for Civil Rights Discrimination Complaint Form, Consent Form, and Complaint Processing Procedures 6. What is the most recent date you were discriminated against? Damon 90mg 7. if this date is more than 180 days ago, you may request a waiver of the ?ling requirement; [3 i am requesting a waiver of the 180-day time frame for filing this complaint Please explain why y0u waited until now to ?le your complaint. 8. Have you attempted to resolve these allegations with the institution through an internal grievance procedure, appeal or due process hearing? @ves ONO If you answered yes, pleaSe describe the allegations in your grievance 0r hearing, identify the date you ?led it, and tell us the status. If possible, please provide us with a copy of your grievance or appeal or due process request and, if completed, the decision in the matter. See Attached. 9. If the allegations contained in this complaint have been ?led with any other Federal, state or local civrl n'ghts agency, or any Federal or state court, please give details and dates. We will determine whether it is appropriate to investigate your complaint based upon the speci?c allegations of your complaint and the actions taken by the other agency or court. Agency or Caurt: Date Filed: Case Number or Reference: Results of Investigation/Findings by Agency or Court: No. 4655 P- 5 May.3i. 2012 no. 465 Page 5 "of U.S. Depanment of Education, Of?ce for Civil Rights Discrimination Complaint Fonn, Consent Pom, and Complaint Processing Procedures 10. if we cannot reach you at your home or work, we would like to have the name and telephone number of another person (relative or friend) who knows wheretiand when we Can reach you. This information Is not required, but it will be helpful to us. Last Name: Navarre First Middle Mathew Work Telephone: 31 2'262?6700 Home Telephone What Would you like the institution to do as a resnlt of your complaint what 11. remedy are you seeking? See attached; 12. We cannot accept yonr complaint if vigned. Please Sign and date your complaint below. Please mail the completed and signed Discrimination Complaint Form, your Signed consent form and copies of any written material or other documents you believe will help OCR understand your complaint to the OCR Enforcement Of?ce responsible for the state where the institution or entity about which you are complaining is located. You can locate the mailing information for the correct enforcement of?ce on website at 1.eci. ov PAPPS ont 7 MC) LAWOFCICEOCAORIAMOSSIN No. 4655 Page 6 of 11 a US. Departtnent of Education, Of?ce for Civil Rights Discrimination Complaint Faun, Consent Form, and Complaint Processing Procedures USE OF PERSONAL NFORMATION CONSENT Complainant?s Name (print or type): Ulv 'Ub .Ch Institution Complaint is Filed: "m "m ?We? Please sign and date section A, section or section and return to the address below: have read the sodium "lnvestigatory Uses of Personal infOrmation" in the OCR document "information about OCR's Complaint Processing Protedures," which eiiplains use of personal information. i understand that the Privacy Act of 1974. 5 U.S.C. 5523. and the Freedom of Information Act (FOIA), 5 552, govern the use of personal information submitted to all Federal agencies and their individual components, including OCR. i will cooperate with OCR's inves?gation and complaint resolution activities undertaken on my behalf. i understand that my failure to cooperate with investigation may result in the closure of my complaint. A. gm: OCR my consent to reveal my idendty (and/or that of my minor child/ward on whose behalf the complaint is ?led) to the institution alleged to have discriminated, as well as other persons and entitles, if OCR, in the course of its investigation or for enforcement activities. ?nds It neceSSary to do so. Date Signature OR B. m; give OCR my consent to reveal my identity (and/or that of my minor child/ward on behalf the complaint ls ?led). i understand that OCR may have to close this complaint if OCR is unable to proceed with an investigation without releasing my identity (and/or that of my minor child /ward on whose behalfthe complaint is ?led). Signatum Date?" C. Alternatively, if you are not ?ling this complaint on your own behalf or on behalf of your own minor child/ward, you are responsible for obtaining written consent from the person on whose behalf the complaint is ?led orminor. that person's parent/guardian. have read this document, and i agree with the person who ?led this. complaint. 1 wish y0u to proceed with OCR's investigation and resolution process. i give my consent for OCR to reveal my identity (and/or that of my minor child/ward on whose behalf the complaint is ?led) to other persOns to the extent necessary for the purpOse of resolution or investigation of rhis complaint. Maw. 2012 3:52am M4655 was subject to sexual harassment and the Universny of minors Urbana Champaign has failed to take immediate and effective steps to end the sexual harassment and sexual violence. The University has failed to take immediate action to prevent the recurrence of the harassment and address its effects. The University failed to investigate to determine what occurred. As a result 533593;. 5 right to receive an education free from discrimination was violated and she was 0? WC) 5. The discriminator?! policy or practice is orig Ding since v2: hv (bx-KC) ad a party which was attended by I(b)(6)9 (WW3) land numerous students, Durin the early morning hours of (bmc) I lwas not a le to (mac) ssaultedl(b)(6); (km the second ?oor of the ?bxm; ?3an Later that day, Ivent to [where she was treated for injuries which (mm] Demand Since (bmc) Ithe University of Illinois has violated Title IX. This violation is on- going. ity has failed to take immediate and effective steps to end the sexual harassment and violence. The University failed to investigate the assault to determine what occurred and the University failed to take appropriate steps to resolve the situation. The University has failed to ensure that their emplOyees are trained to report harassment to appropriate school officials so that employees with the authority to address May.3l. 20l2 3: ll. 52PM LAM dissemination ofl(b)(6)? never advised that .4655 P. 9 amssmenf can respond properly. Within days of the assault, Associate Dean of Students failed to investigate or initiate an investigation into the assault and subsequent [knew about the event but 1e could ?le a student disciplinary complaint. In addition, Deans failed to initiate the student disci rocess on their own. After eame a out the student disciplinary processia?m; aggressively pursued the matter with the University. To date, however, a hearing has not taken place and neither the students involved nor the Fraternity have been subject to discipline. After learning about the st ident disciplinary process through the Office for Student Con?ict resolution, ?95221, ursued a complaint against (WW3) I bx6); (mam) hearing date from the University. Monitored changes in poliCy and procedure so that another student is not subject to the ongoing harm and sexual harassment that fees and medical costs incurred by future counseling costs. A complete refu A by (tame) has sustained. Payment of attomey?s me ing but not limited to past, present and nd of all tuition, room and board, and fees paid UNITED STATES DEPARTMENT OF EDUCATION REGION ILLINOIS OFFICE FOR CIVIL RIGHTS NDIANA IOWA 500 WEST MADISON ST, SUITE 1475 MWESOTA CHICAGO, IL 60661-4544 NORTH DAKOTA WISCONSIN May 22, 2013 Dr. Michael J. Hogan President University of Illinois 108 Henry Administration Urbana, IL 61801 Re: OCR Docket #05?12?2195 Dear Dr. Hogan: On May 31, 201 1, the US. Department of Education (Department), O?iCe for Civil Rights (OCR), received the above-referenced complaint ?led against the University of Illinois at Urbana?Champaign (University) alleging discrimination on the basis of sex. Speci?cally, the complaint alleges the following: 1., The University has 5n hjegted Student A to discrimination on the basis of sex when, from other students sexually harassed the student, and the Unive say was aware 01 harassment but failed to reSpond or appropriately. 2. Fromla?x?)? ?mm the University subjected Student A to discrimination on the basis of sex when it failed to appropriately reSpond to a grievance she ?led with the University in alleging discrimination on the basis of sex. OCR is responsible for enforcing Title 1X of the Education Amendments of 1972 (Title 1X), as amended, 20 U.S.C. 1681, and its implementing regulation at 34 CPR. Part 106. Title IX prohibits discrimination based upon sex in any educational program or activity operated by a recipient of Federal ?nancial assistance. As a recipient of Federal ?nancial assistance from the Department, the University is subject to this law. The Department of Education?s mission is to promote student achievement and preparatiou for global competitiveness by fostering educational excellence and ensuring equal access. Page 2 OCR has been advised that the University, the Complainant and the party on whose behalf the complaint was ?led have entered into the enclosed agreement that resolves the complaint allegations. Therefore, we are closing the complaint effective the date of this letter. We are pleased that we were able to assist the University in resolving the matter. Because OCR is not a party to the agreement, we will not monitor the agreement. If the terms of the agreement are not implemented, the Complainant may ?le a new complaint. Consistent with our procedures, howeVCr, we would not investigate the failure to implement the agreement; rather, we would evaluate the new allegations of discrimination to determine the appropriateness of further efforts by OCR. 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 she obtained information that a breach of the Agreement occurred, whichever is later. We would like to thank you and your staff, for the assistance provided during our resolution of this complaint. If you have any questions regarding this letter, please contact Sandra L. Garcia, Equal Opportunity Specialist, at 312-730?1580 or me at 312/730-1607. Sincerelyyf a. . '3 Kate? E. Tamb Sopervisory Attorney 1 CC: Scott Warner Franczek Radelet PC University Legal Counsel Early Complaint Resolution University of Illinois-Champaign 05-12?2195 The University of Illinois at Urbana-Champaign (University) and Jim Navarre (Complainant), on behalf 0 agree to enter into this Resolution Agreement (Agreement), as part 01: the US. Department of Education, Of?ce for Civil Rights (OCR) Early Complaint Resolution (ECR) process, to resolve the issues the Complainant raised on behalf of the Student in corr olaint No. 05-12-2195 ?led with OCR on Mav 31. 2012 (0C Complaint). ?Student? means agents, heirs, attorneys, and assigns. lhe 0t at Urbana-Champaign? or ?the niversity? means the Board of Trustees of the University of Illinois at Urbana as well as its past, current or future trustees, of?cers, af?liates, employees, faculty, agents, attorneys, or representatives. The University, the Complainant, and the Student are referred to collectively herein as ?the Parties.? The Parties agree to the following: Training 1. Sra?? Training: The University agrees to provide training, by September 9, 2013, to all deans who serve in the capacity as an "Emergency Dean" within the Office of the Dean of Students, the staff of the Fraternity and Sorority Affairs of?ce, the staff of the Office for Student Con?ict Resolution (OSCR), and the staff of the Women's Resource Center (WRC). The training will provide instruction on the legal requirements under Title IX of the Education Amendments of 1972 (Title IX) and will include a review of the Dear Colleague Letter (DCL) regarding Title IX issued by OCR on April 4, 2011. The training will also include instruction about the Student Disciplinary Procedures and mandatory reporting requirements under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). The University will provide written confirmation to the Complainant, by November 1, 2013, that training was held in accordance with this provision. Resident Advisor Training: The University agrees to provide training, by September 9, 2013, to all incoming Resident Advisers (RAs) on the procedures for handling complaints of sexual harassment/sexual assault, including the requirement that if an RA receives a complaint regarding alleged or suspected sexual harassment/sexual assault, the RA will notify a Resident Director so that a Resident Director can notify the appropriate OSCR staff member. The training will also include information about how RAs will provide information about the student disciplinary process to the students they advise in paper form or by providing students with a link to the information). The University will provide written con?rmation to the Complainant by November 1, 2013, that training was held in accordance with this provision. Women's Resource Center Training: The University agrees to provide training, by September 9, 2013, to the staff of the WRC regarding ways in which the WRC staff can assist students with the student disciplinary process. The University will provide written Page 2 Early Complaint Resolution #05-12-2195 con?rmation to the Complainant by November 1, 2013, that training was held in accordance with this provision. 4. Annual Hearing Committee Training. All members of the Subcommittee on Undergraduate Student Conduct will undergo annual training regarding Title IX and the disciplinary procedures used to adjudicate student?on-student cases alleging sexual harassment, sexual assault, or other sexual misconduct. All members of the Subcommittee on Undergraduate Student Conduct who will participate in such disciplinary cases must undergo annual sensitivity training regarding victims of sexual harassment, sexual assault, or other sexual misconduct. Freshman Orientation 5. The University agrees to incorporate into the training session for students who lead freshman orientation sessions, also known as information notifying students about the student disciplinary process, describing Title 1X requirements, and providing an overview of the April 4, 201 DCL. The University further agrees to review the FYCARE program as a whole to determine additional ways the FYCARE program may be improved, such as the addition of speakers as part of the FYCARE program. Revisions to Student Disciplinarv Procedures/Student Code As of April 1, 2013, the revisions to the Student Disciplinary Procedures re?ected in Exhibit A hereto have been approved and will become effective for the 2013~2014 academic year. In addition, the following addition to Section l-302(b) of the Student Code has been approved and will become effective for the 2013-2014 academic year: (6) recording, photographing, or transmitting sexual utterances, sexual sounds, or images of sexual acts involving one or more other persons without the knowledge and consent of the subjects; (7) allowing third parties to view sexual acts involving one or more other persons whether in person or via a video or other recording device without the knowledge and consent of the subjects; (8) engaging in voyeurism of sexual acts involving one or more other persons without knowledge and consent of the subjects. The provisions in (6) (8) do not extend to the photographing or other recording of public events or discussions or to recordings, photographs, or observations made or conducted for law enforcement purposes. Provisions Relating to the Student: 6. The University has con?rmed with lhe Division of Public Safety representative responsible for compiling the crime and other data as required under the Clery Act, that the (W6): Page 3 Early Complaint Resolution #05-12-2195 was included in the University?s forcible sex offense statistics for 201] in the University?s 20] 1 Annual Security Report. The University will provide the Complainant with a written summary of the actions that the emergency dean did or did not take after receiving the report referenced in paragraph 6 above within 30 days of the date on which this Agreement is fully executed by the Parties. The University agees to nrovide the Complainant with a written statement renar ing the rationale for the (bxm) tudent disciplinary hearing within 30 days of the date on which this Agreement is fully executed by the Parties. The UniverSit)? agrees to pay to the Student a (?Settlement Payment?) within thirty (30) days of receivmg all Signatures on this Agreement and all requested IRS. Form W?9s. The University shall report the Settlement Payment to the appropriate taxing authorities at the times and manner required by law. The Complainant or the Student shall provide the University with the address to which the amount paid to the Student and any notices required under this Agreement should be mailed at the time the Student executes this Agreement. The Complainant and the Student acknowledge and agree that they will not seek any further payments from the University. The Student shall be solely responsible for and shall indemnify and hold the University harmless against all income and other taxes due with respect to the payment or receipt of the Settlement Payment, including interest, penalties and additions to tax. Additional Provisions 10. The Parties agree that this Agreement is in full accord and satisfaction of any and all 11. disputed issues between them. By entering into this Agreement, no party makes any admission nor statement suggesting that any party has committed any wrongdoing, engaged in any improper conduct, or violated any law. No party makes any admission of liability or damages or any representation as to any fact or disclosure other than those contained within this Agreement. The Complainant and the Student, on behalf of themselves and their agents, assigns, heirs, and representatives, unconditionally release the University and any of its past, current, or future trustees, officers, af?liates, employees, faculty, agents, attorneys, or representatives (collectively, the ?Released Parties?) from any and all claims, demands, damages, actions, or liability of any kind, whether known or unknown, including but not limited to matters which have been, could have been, or could be asserted against the University, arising out of or relating in any way to: the OCR Complaint; (ii) the Student?s enrollment as a student at the UniversitV' or the allegat'ons in the lawsuit captioned (mac) pending in the Circuit Court of Cook County, Illinois. The claims released by this paragraph include, but are not limited to, any claims, charges, demands, or actions arising under or relating to: (A) the Illinois Human Rights Act; Titles VI or IX of the Civil Rights Act of 1964, Page 4 Early Complaint Resolution #05-12-2195 12. the Americans with Disabilities Act (as amended), the Rehabilitation Act of 1973, or any other federal, state, or local statute, ordinance, or regulation dealing in any way with education; (B) any contract the Student may have with the University, whether oral or written, whether express or implied, including but not limited to any contractual obligation arising out of any University policy, manual, handbook, or procedure; (C) any tort, including but not limited to wrongful or retaliatory discharge, whistle blowing, defamation, false light, tortious interference with contract, negligent or intentional in?iction of emotional distress, or negligence; (D) any other common law, statutory, or other duty relating to the Student?s status as a student at the University; or (E) any other occurrence prior to the date on which this Agreement is executed by all of the Parties. The Student understands and agrees that she is forever giving up and waiving all such claims and that she hereby releases, and covenants not to sue, the Released Parties with reSpect to the aforementioned claims. pending in the Circuit Court of Cook County, are expressly not Released Parties under this Agreement and are expressly not released from any claims whatsoever under this Agreement or by virtue of this Agreement. The Student is not giving up, is not 'Fnrenoinn and is not waivino anv and all nendino or future claims n?Farw kind armith County, and further stating, the Student does not hereby waive and/or release an . All . -5 d'ul Ipending in the Circuit Court of Cook and all a . By means of paragraph 11(a) of this Agreement, neither the Complainant nor the Student release any claims that cannot be released as a matter of law, and this Release also does not foreclose the Student from participating in any future investigation undertaken by a federal, state, or local agency, provided that the Student does hereby waive and release the right to any recovery in connection with any such federal, state, or local action relating to, containing, or stemming from any of the claims released pursuant to paragraph I 1(a) of this Agreement. The Complainant and the Student represent that, with the exception of the OCR Complaint, they have neither ?led nor maintained any complaint, charge, or claim of any nature against the University or any of its past or present trustees, of?cers, af?liates, faculty members, employees, agents, or representatives, with or before any legislative or adjudicative body. The Complainant and the Student further represent that they have not heretofore assigned any of the claims released pursuant to paragraph 1 of this Agreement. Page 5 Early Complaint Resolution #05-12?2 95 13. The Complainant and the Student and (ii) the University?s administrators with knowledge of the terms and conditions of this Agreement agree not to disparage each other publicly or privately. 14. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one and the same Agreement. 15. This document has been executed in the State of Illinois and shall be governed in accordance with the laws of the State of Illinois in every respect and other applicable laws, rules, and regulations. This Agreement and any claims or disputes between the Parties arising out of this Agreement shall be governed by the internal laws (exclusive of the con?icts of law principles) of the State of Illinois. 16. This Agreement constitutes the complete understanding between the Parties. No other promises or agreements, either express or implied, shall be binding upon any party except by written amendment to this Agreement signed by all Parties. l7. The Parties agree that: they have carefully read this Agreement prior to signing it and fully understand its meaning and intent; (ii) they have had an Opportunity to have this Agreement explained to them by legal counsel and that they understand its legal consequences; they agree to all the terms of this Agreement and are voluntarily signing below; and (iv) the only consideration for their signing this Agreement are the terms stated herein and no other promises or representations of any kind have been made by any person or entity whatsoever to cause them to sign this Agreement. The Parties agree that the Agreement resolves the OCR complaint. The Parties understand that OCR will close the complaint and if the Agreement is breached, the Complainant has a right to file 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. wan} Jim Date Co ainant Page 6 Early Complaint Resolution #05-12-2 I 95 Accepted and agreed to for and on behalf of the University: Waiter K. Knorr, Comptrolier Date ?au/ We /5 Renee Romano, Vice Chancellor for Date Student Affairs Approved as to I form: We of University Counsel Date Page 7 Early Complaint Resolution #05-12?2195 EXHIBIT A APPENDIX SUPPLEMENTAL PROTOCOLS FOR SEXUAL HARASSMENT INCLUDING SEXUAL - ALLEGATIONS In cases that include an accusation of sexual harassment between students, including sexual misconduct, the following provisions shall apply. In the event of a conflict between 1/1 is Appendix and Article this Appendix shall prevail. When a student sexually harasses another student, the harassing conduct creates a hostile environment if the conduct is suf?ciently severe or pervasive that it interferes with or limits a student?s ability to participate in or bene?t from the school?s program. Once the University knows or reasonably should know about sexual harassment or sexual misconduct that creates a hostile environment, the University must take prompt action to eliminate the harassment or misconduct, prevent its recurrence and address its effects. The University, including the Of?ce for Student Con?ict Resolution, the Disciplinary Officer, and the disciplinary subcommittees, shall comply with Title IX of the Education Amendments of 1972. When implementing the requirements of Title IX, the University shall seek guidance from the United States Department of Education, Of?ce for Civil Rights April 4, 201 Dear Colleague Letter. ARTICLE II. DISCIPLINARY OFFICER AND HEARING COMMITTEE PROCEDURES Section 2.8] De?nitions Adviser. The University will make available an advisor who will be available to assist an alleged victim as requested with the following: Referring the student for appropriate medical and/or counseling services Referring the student to the appropriate law enforcement agency Assisting the student in the presentation of his/her complaint to law enforcement agencies Informing the student about the University student disciplinary system, how it operates, and the role that the respondent, the alleged victim and advisers play in the process 5. Accompanying the student in meetings with staff in the Of?ce for Student Con?ict Resolution and the Of?ce of the Dean of Students 6. Appearing as the advisor with the student at the time the student appears in the disciplinary hearing 7. Working with the student and continuing to consult with the student after the disciplinary process has been completed aw- Section 2.02 Disciplinary Of?cer Procedures (21) Intake and Review. Once the University knows or reasonably should know about possible sexual harassment or sexual misconduct, the University must investigate to determine what occurred and then take appropriate steps to resolve the situation. A typical investigation takes approximately 60 calendar days following receipt of the complaint, but the length of each investigation may vary depending on the complexity of the investigation and the severity and extent of the alleged harassment. The parties involved in a student-on-student sexual harassment matter will be given periodic status updates during the investigation. Page 8 Early Complaint Resolution #05-12-2195 Contested Disposition. An alleged victim will be noti?ed of the outcome of the 00?s decision and sanctions in writing. The alleged victim may appeal the DO decision acc0rding to the guidelines in this document. Section 2.03 Subcommittee Procedures Process: Pro-hearing Information In advance of information being presented at the hearing, and in accordance with the Family Educational Rights and Privacy Act (FERPA), the alleged victim and the respondent(s) shall be provided access to all evidence, items, objects, images, photographs or videos that will be presented during the hearing. The hearing committee chair will consider any objections to the preSentation of such materials. Prior to the start of the hearing, the alleged victim 0r respondent may request to see the hearing room ahead of time, and request any reasonable modifications to the hearing room location, seating arrangements, etc. In the event there is more than one respondent, each respondent and/or the alleged may request that a separate hearing be held with each individual respondent. The University will evaluate any such requests with due consideration given to the interests and procedural rights of both the alleged victim and the respondent(s) when considering such requests. An alleged victim?s adviser is allowed to communicate with the alleged victim during the hearing regarding the hearing procedures. As part of such communication, an advisor could suggest to an alleged victim that he or she object if the hearing process does not comport with Title IX or the guidance set forth in the DCL. The University will use reasonable efforts to help secure the attendance of relevant witnesses af?liated with the University identified by either the alleged victim or the respondent(s). Process: Procedures at the hearing The University will comply with the FERPA rights of both the alleged victim and the respondent(s). If a party makes an allegation or assertion that could be supported or undermined using information from that party?s education records and that party declines to consent to the release of that information, the hearing committee may take the absence of the education record information into account in considering and weighing the evidence presented at the hearing. and Both the alleged victim and the respondent may make opening statements and closing comments, but such statements and comments must be directed towards the hearing committee members. The chair of the hearing committee may exclude or remove from the hearing room the respondent, the alleged victim, or any other person who disregards this directive. All witnesses are questioned ?rst by the Subcommittee and then the Respondent and then the alleged victim. - STRIKE Both the alleged victim and the t'eSpondent may ask questions of each other only through the chair of the hearing committee and must refrain from directly addressing each other during Page 9 Early Complaint Resolution #05-12?2195 the hearing. The chair may exclude or remove from the hearing room the respondent, the complainant, or any other person who disregards this directive or who otherwise diSrupts or interferes with the orderly process of the hearing. The University agrees to make the Title IX Coordinator or a deputy coordinator available in person or by telephone during all hearings involving an al'legation(s) of sexual harassment or sexual misconduct in order to confer with, and provide guidance to, the hearing committee. Process: Notice of action taken The University will notify the alleged victim in Writing, about the outcome of the hearing, which includes whether there has been a policy or code violation and, if so, what sanctions have been imposed, and any appeal rights. Article APPEALS Section 3.01 In General Appeals to Executive Director Who May Appeal. Both the respondent and the alleged victim may appeal a decision to the Executive Director. The Dean of Students may also appeal a decision, but only if lie/she determines that the decision was manifestly unfair to the University community. (ii) Notice of Appeal. The appellant must submit a Notice of Appeal to the Executive Director within five business days of the original decision. Upon good cause shown, an extension may be requested in writing and may be granted by the Executive Director. Content of Notice of Appeal. The Notice of Appeal must contain at least the following: (I) speci?c grounds for appeal; (2) speci?c outcome requested (3) appellant's reasons in support of the outcome requested. Appeals must be formal letters written and signed by the appellant. Appeals are not accepted verba-liy. If a Notice of Appeal is submitted by one party but not both, the other party will be noti?ed and granted access to the document. S/he may then submit a written response to be considered by the Executive Director. The appellant will then be granted access to this response. (iv) Sanction Held in Abeyance Pending Appeal. The effective date of any sanction will be held in abeyance automatically during the period when the appeal may be ?led and until the Executive Director reaches a decision on any appeal ?led. However, the Executive Director retains the right to retain certain conditions or restrictions, particularly those related to life safety issues and ?no contact" directives. Appeal Review. The Executive Director may conduct interviews with parties involved in the matter (eg. disciplinary of?cers, respondent, witnesses, and alleged victim.) (vi) Authority of Executive Director. Upon review, the Executive Director may: i. Affirm the action, at which time the matter wiil be considered final and binding upon all involved. Page 10 Early Complaint Resolution (vii) 2. Reverse the action taken by the original hearing body and dismiss the case. Remand the case to the original or new hearing body for a new hearing. 4. Increase or decrease any sanctions imposed if deemed appropriate based on information presented during the appeal process. Notice and Record of Decision. A decision will be communicated to the respondent, the alleged victim, and the hearing of?cer within 5 days of the conclusion of the Executive Director?s review of the case. Appeals to Subcommittees and Senate Committee (0 (ii) (iv) (V) Who May Appeal. Both the respondent and the alleged victim may appeal a decision to a Subcommittee Or the Senate Committee, as appropriate. The Dean of Students may also appeal a decision, but only if he/she determines that the decision was manifestly unfair to the University community. Notice of Appeal. The appellant must submit a Notice of Appeal to the ExeCutive Director within ?ve business days of the date on which notice of the action of the original hearing was transmitted to that individual. Upon good cause shown, an extension may be requested in writing and may be granted by the Executive Director. Content of Notice of Appeal. The Notice of Appeal must contain at least the following: (1) Speci?c grounds for appeal; (2) Speci?c outcome requested (3) appellant's reasons in support of the outcome requested. Appeals must be formal letters written and signed by the appellant. Appeals are not accepted verbally. if a Notice of Appeal is submitted by one party but not both, the other party will be noti?ed and granted access to the document. S/he may then submit a written response to be censidered by the SCSD or Subcommittee. The appellant will then be granted access to this re5ponse. Sanction Held in Aheyance Pending Appeal. The effective date of any sanction wiil be held in abeyance automatically during the period when the appeal may be ?led and until the committee reaches a decision On any appeal ?led. However, the SCSD and Subcommittees retain the right to retain certain conditions or restrictions, particularly those related to life safety issues and ?no contact? directives. Appellate Review. I. The hearing of any appeal will be scheduled by the Executive Director for the most expedient meeting of the SCSD or Subcommittee following the date of the ?ling of the notice of appeal. The Executive Director will. notify the appellant and the other party of the date, time, and place of the hearing in writing at least 5 days prior to the hearing. 2. A quorum for hearing an appeal shall consist of ?ve of the authorized, voting membership of the SCSD or Subcommittee. [Please note: special quorum requirements of some subcommittees are noted elsewhere in this document]. 3. The appeal hearing will be closed to the public. The respondent and the alleged victim may both attend the hearing, and each has the right to bring an advisor. Page 11 Early Complaint Resolution #05-12-2195 (Vi) (vii) (ix) 4. The appellant will present a brief(limited to 10 minutes) statement detailing his/her rationale for appeal. 5. The other party may also present a brief (limited to to minutes) statement in response. The Chair of the Committee/hearing of?cer responsible for the originai decision or a member designated by the Executive Director will attend the hearing and may make statements regarding the original hearing. Any involved parties and advisers have the right to be present for such statements. 7. No person may address the Committee without the express consent of the Chair of the Committee/Subcommittee. Deliberations. The SCSD/Subcommittee will deliberate on the appeal in executive session. The Executive Director may authorize non~voting parties (such as University Counsel) to be present for deliberations. Appeal decisions of the SUSC and Subcommittee are made by a two-thirds majority vote. Absent a two thirds majority, the decision of the original hearing body shall be af?rmed. Authority of SCSD/Subcommittec. After deliberations, the SCSD/Subcommittee may: Af?rm the action, at which time the matter will be considered ?nal and binding upon all involved. Reverse the action taken by the original hearing body and dismiss the case. Remand the case to the original or new hearing body fer a new hearing. Increase 0r decrease any sanctions imposed if deemed appropriate based on information presented during the appeal process. Notice and Rec0rd of Decision. A decision will be communicated to the respondent, the alleged victim, and, when applicable, the Chair of the appropriate Subcommittee of the action taken within 5 days of the date the SCSD/Subcommittee has reached a decision. Review by Title IX Coordinator. The Title lX Coordinator or a deputy Title coordinator should review all sexual harassment or sexual misconduct matters brought before a disciplinary subcommittee to determine whether the University can take corrective action under Title IX that was not available through the disciplinary process. UNITED STATES DEPARTMENT OF EDUCATION REGIONV ILLINOIS OFFICE FOR CIVIL RIGHTS INDIANA 500 WEST MADISON ST., SUITE 1475 MINNESOTA CHICAGO, IL 60661-4544 NORTH DAKOTA WISCONSIN Jim P. Navarre, Esq. Mossing Navarre, L.L.C. 30 North LaSalle Street Suite 1524 Chicago, IL 60602 Re: OCR Docket 05-12-2195 Mr. Navarre: On May 31, 2011, the US. Department of Education (Department), Of?ce for Civil Rights (OCR), received the above-referenced complaint ?led against the University of Illinois at Urbana-Champaign (University) alleging discrimination on the basis of sex. Speci?cally, the complaint alleges the following: 1. The University has subjected Student A to discrimination on the basis of sex when, I other students sexually harassed the student, and the University was aware of the harassment but failed to respond or appro ariately. 2. From (bmc) I the University subjected Student A to discrimination on the basis of sex when it failed to a ropriately respond to a grievance she ?led with the University alleging discrimination on the basis of sex. 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 discrimination based upon sex in any educational program or activity operated by a recipient of Federal ?nancial assistance. As a recipient of Federal ?nancial assistance from the Department, the University is subject to this law. OCR has been advised that the University, the Complainant and the party on whose behalf the complaint was ?led have entered into the enclosed agreement that resolves the complaint allegations. Therefore, we are closing the complaint effective the date of this letter. We are pleased that we were able to assist the University in resolving the matter. Because OCR is not a party to the agreement, we will not monitor the agreement. If the terms of the agreement are not implemented, the Complainant may ?le a new complaint. Consistent with 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 Mr. Navarre our procedures, however, we would not investigate the failure to implement the agreement; rather, we would evaluate the new allegations of discrimination to determine the appropriateness of further efforts by OCR. 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 she obtained information that a breach of the Agreement occurred, whichever is later. We would like to thank you and your staff, for the assistance provided during our resolution of this complaint. If you have any questions regarding this letter, please contact Sandra L. Garcia, Equal Opporttmity Specialist, at 312-730-1580 or me at 312/730-1607. A Sincere] Karen E. Tamburro Supervisory Attorney