March 3, 2014 Office for Civil Rights US Department of Education Citigroup Center 500 W. Madison Street, Suite 1475 Chicago, IL 60661-4544 RE: (C) Filing Discrimination Complaint Dear Sir/Madam: . - - 7 0 Please ?nd enciosed a Wh regards to our client, as we? as Supporting documents. is a student at Vincenne in Indiana and was sexually assaulted and raped by a fellow student?bxs)? i mm) is Please file the Complaint and contact my office at your earliest convenience should you need further information. Thank you for your courtesies in this matter. VerYlLuly burs, (taxes); (mmc) (bxe); Enc. United States Department of Education Of?ce for Civil Rights DISCRIMINATION COMPLAINT FORM You do not have to use this form to ?le a complaint with the us. 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 e-mail must include the information in items one through nine and item fourteen of this form. If you decide to use this form, please type or print all information and use additional pages if more space is line version of this form, which ca .ht . needed. An on- be submitted electronically, can be found at: Before completing this form please read all information contained in the enclosed packet including: Information About OCR's Complaint Resolution Procedures, Noti Personal Information and the Consent Form. ce of Uses of 1- Na {this Last Nam (mmc) Middle Name: Addr UIUIW City: swam). Home Telephoi (bmc) Telephone: E-mail Address: 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 ?le a complaint on the student's behalf, the signature of the child's parent or legal guardian is re uired. (C) irst Name iddle Name: 8mm; Work Telephone: E-mail Addres Laws); mac) 1 Zip Code (mmc) Our Mission is to ensure equal accm to education and to promote educational excellence throughout the Nation. Page 2 of - US. Department of Education, Of?ce for Civil Rights Discrimination Complaint Form, Consent Form, and Complaint Processing Procedures OCR investigates discrimination complaints against institutions and agencies which receive funds from the US. 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. Name of Institution: Vincennes Uriiversity Address: 1002 1st Street City: Vincennes Department/School: Dean of Student's Of?ce NA State: I Zip Code: 47591 The regulations OCR enforces 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) NA Discrimination based on color (specify) NA Discrimination based on national origin (specify) Page 3 of US. Department of Education, Of?ce for Civil Rights Discrimination Complaint Form, Consent onn, and Complaim Processing Procedures Cl NA Discrimination based on disability (specify) Cl NA Discrimination based on age (specify) NA Retaliation because you ?led a complaint or asserted your rights (specify) NA Violation of the Boy Scouts of America Equal Access Act (specify) 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 :nnm:n:_ nni-{nl A5 A Page 4 of US. Department of Education, O?ice for Civil Rights Discrimination Complaint Form, Consent Form, and Complaint Processing Procedures 6. What is the most re .minated against? Date: 7. If this date is more than 180 days ago, you may request a waiver of the ?ling requirement. I am requesting a waiver of the 180-day time frame for ?ling this complaint. Please explain why you waited until now to ?le your complaint. NA 8. Have you attempted to resolve these allegations with the institution through an internal grievance procedure, appeal or due process hearing? Om If you answered yes, please describe the allegations in your grievance or 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. NA 9. If the allegations contained in this complaint have been filed with any other Federal, state or local civil rights 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 Court: Date Filed: Case Number or Reference: Results of investigation/Findings by Agency or Court: Page 5 of - US. Department of Education, Of?ce for Civil Rights Discrimination Complaint Form, Consent Form, 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 where and when we can reach you. This information is not required, but it will be helpful to Last Name . FitsLName, Middle Name: (bxe); Home Telephone Work Telephone: 11. What would you like the institution to do as a result of your complaint what 1:111 eppln?nn? _Le.medmne 12. We cannot accept your complaint if it has not been signed. Please si and date your complaint below. WW0) (Date) (bxs); (mmc) (Date) a 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 OCR's website at Page 6 of ll US. Department of Education, Of?ce for Civil Rights Discrimination Complaint Form, Consent Form, and Complaint Processing Procedures CONSENT FORM- 7 ON Complainant's Name (print or type): Institution Against Which Complaint is Filed: Vlncen nes mve Please sign and date section A, section or section and return to the address below: 1 have read the section, "Investigatory Uses of Personal Information" in the OCR document "lnformation about OCR's Complaint Processing Procedures," which explains OCR's use of personal information. I understand that the Privacy Act of 1974, U.S.C. 9? 552a, and the Freedom of Information Act (FOIA), 5 U.S.C. 552, govern the use of personal information submitted to all Federal agencies and their individual components, including OCR. I will cooperate with OCR's investigation and complaint resolution activities undertaken on my behalf. I understand that my failure to cooperate with OCR's investigation may result in the closure of my complaint. A. 1 give OCR my consent to reveal my identity (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 entities, if OCR, in the course of its investigation or for enforcement activities, ?nds i (C) tun: Date OR B. I am give OCR my consent to reveal my identity (and /or that of my minor child /ward on whose behalf the complaint is ?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 behalf the complaint is ?led]. Signature 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 you 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 (bmc) gation of this complaint. mature? Date Page 7 of I US. Department of Education, Of?ce for Civil Rights Discrimination Complaint Form, Consent Form, and Complaint Processing Procedures LAWS ENFORCED BY OCR OCR enforces the following laws: 0 Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color or national origin; 0 Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex; 0 Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability; 0 Age Discrimination Act of 1975, which prohibits discrimination on the basis of age; Title II of the Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disability; 0 Boy Scouts of America Equal Access Act, part of the No Child Left Behind Act of 2001, which prohibits denial of access to or other discrimination against the Boy Scouts or other Title 36 U.S.C. youth groups in public elementary schools, public secondary schools, local education agencies, and state education agencies that have a designated open forum or limited public forum. EVALUATION OF THE COMPLAINT OCR evaluates each complaint that it receives in order to determine whether it can investigate the complaint. OCR makes this determination with respect to each allegation in the complaint. For example, OCR must determine whether OCR has legal authority to investigate the complaint; that is, whether the complaint alleges a violation of one or more of the laws OCR enforces. OCR must also determine whether the complaint is ?led on time. Generally, a complaint must be ?led with OCR within 180 calendar days of the last act that the complainant believes was discriminatory.1 If the complaint is not ?led on time, the complainant should provide the reason for the delay and request a waiver of this ?ling requirement. OCR will decide whether to grant the waiver. In addition, OCR will determine whether the complaint contains enough information about the alleged discrimination to proceed to investigation. If OCR needs more information in order to clarify the complaint, it will contact the complainant; the complainant has 20 calendar days within which to respond to request for information. OCR will dismiss a complaint if OCR determines that: OCR does not have legal authority to investigate the complaint; The complaint fails to state a violation of one of the laws OCR enforces; The complaint was not ?led timely and that a waiver will not be granted; The complaint is unclear or incomplete and the complainant does not provide the information that OCR requests within 20 calendar days of request; 0 The allegations raised by the complaint have been resolved; Complaints that allege discrimination based on age are timely if ?led with within 180 calendar days of the date the complainant ?rst knew about the alleged discrimination. Page 8 of 1] U.S. Department of Education, Of?ce for Civil Rights Discrimination Complaint Form, Consent Form, and Complaint Processing Procedures 0 The complaint has been investigated by another Federal, state, or local civil rights agency or through a recipient's internal grievance procedures, including due process proceedings, and the resolution meets OCR regulatory standards or, if still pending, OCR anticipates that there will be a comparable resolution process under comparable legal standards; 0 The same allegations have been ?led by the complainant against the same recipient in state or Federal court; 0 The allegations are foreclosed by previous decisions of the Federal courts, the U.S. Secretary of Education, the U.S. Department of Education?s Civil Rights Reviewing Authority, or OCR policy determinations. OPENING THE COMPLAINT FOR INVESTIGATION If OCR determines that it will investigate the complaint, it will issue letters of noti?cation to the complainant and the recipient. Opening a complaint for investigation in no way implies that OCR has made a determination with regard to the merits of the complaint. During the investigation, OCR is a neutral fact-?nder. OCR will collect and analyze relevant evidence from the complainant, the recipient, and other sources as appropriate. OCR will ensure that investigations are legally suf?cient and are dispositive of the allegations raised in the complaint. INVESTIGATION OF THE COMPLAINT OCR may use a variety of fact-?nding techniques in its investigation of a complaint. These techniques may include reviewing documentary evidence submitted by both parties, conducting interviews with the complainant, recipient's personnel, and other witnesses, and/or site visits. At the conclusion of its investigation, OCR will determine with regard to each allegation that: 0 There is insuf?cient evidence to support a conclusion that the recipient failed to comply with the law, or A preponderance of the evidence supports a conclusion that the recipient failed to comply with the law. OCR's determination will be explained in a letter of ?ndings sent to the complainant and recipient. Letters of ?ndings issued by OCR address individual OCR cases. Letters of ?ndings contain fact-speci?c investigative ?ndings and dispositions of individual cases. Letters of ?ndings are not formal statements of OCR policy and they should not be relied upon, cited, or construed as such. formal policy statements are approved by a duly authorized OCR of?cial and made available to the public. RESOLUTION OF THE COMPLAINT AFTER A DETERMINATION OF NONCOMPLIANCE lf OCR determines that a recipient failed to comply with one of the civil rights laws that OCR enforces, OCR will contact the recipient and will attempt to secure the recipient's willingness to negotiate a voluntary resolution agreement. If the recipient agrees to resolve the complaint, the recipient will negotiate and sign a written resolution agreement that describes the speci?c remedial actions that the recipient will undertake to address the area(s) of noncompliance identi?ed by OCR. The terms of the resolution agreement, if fully performed, will remedy the identi?ed violation(s) in compliance with applicable civil rights laws. OCR will monitor the recipient?s implementation of the terms of the resolution Page 9 of ll US. Department of Education, Office for Civil Rights Discrimination Complaint Form, Consent Form, and Complaint Processing Procedures agreement to verify that the remedial actions agreed to by the recipient have been implemented consistent with the terms of the agreement and that the area(s) of noncompliance identi?ed were resolved consistent with applicable civil rights laws. If the recipient refuses to negotiate a voluntary resolution agreement or does not immediately indicate its willingness to negotiate, OCR will inform the recipient that it has 30 days to indicate its willingness to engage in negotiations to voluntarily resolve identi?ed areas of noncompliance, or OCR will issue a Letter of Finding to the parties providing a factual and legal basis for a ?nding noncompliance. If, after the issuance of the Letter of Finding of noncompliance, the recipient continues to refuse to negotiate a resolution agreement with OCR, OCR will issue a Letter of Impending Enforcement Action and will again attempt to obtain voluntary compliance. If the recipient remains unwilling to negotiate an agreement, OCR will either initiate administrative enforcement proceedings to suspend, terminate. or refuse to grant or continue Federal ?nancial assistance to the recipient, or will refer the case to the Department of Justice. OCR may also move immediately to defer any new or additional Federal ?nancial assistance to the institution. RESOLUTION OF THE COMPLAINT PRIOR TO THE CONCLUSION OF THE INVESTIGATION Early Complaint Resolution (ECR): Early Complaint Resolution allows the parties (the complainant and the institution which is the subject of the complaint) an opportunity to resolve the complaint allegations quickly; generally, soon after the complaint has been opened for investigation. If both parties are willing to try this approach, and if OCR determines that Early Conxplaint Resolution is appropriate, OCR will facilitate settlement discussions between the parties and work with the parties to help them understand the legal standards and possible remedies. To the extent possible, staff assigned by OCR to facilitate the Early Complaint Resolution process will not be the staff assigned to the investigation of the complaint. OCR does not approve, sign or endorse any agreement reached between the parties as a result of Early Complaint Resolution, and OCR does not monitor the agreement. However, if the recipient institution does not comply with the terms of the agreement, the complainant may ?le another complaint with OCR within 180 days of the date of the original discrimination or within 60 days of the date the complainant learns of the failure to comply with the agreement, whichever date is later. Resolution of the Complaint Prior To the Conclusion of an Investigation A complaint may also be resolved before the conclusion of an investigation, if the recipient expresses an interest in resolving the complaint. If OCR determines that resolution of the complaint before the conclusion of an investigation is appropriate, OCR will attempt to negotiate an agreement with the recipient. OCR will notify the complainant of the recipient?s request and will keep the complainant informed throughout all stages of the resolution process. The provisions of the resolution agreement that is reached must be aligned with the complaint allegations and the information obtained during the investigation, and must be consistent with applicable regulations. A resolution agreement reached before the conclusion of an investigation will be monitored by OCR. Page 10 of 11 U.S. Department of Education, Of?ce for Civil Rights Discrimination Complaint Form, Consent Form, and Complaint Processing Procedures REQUEST FOR RECONSIDERATION 0R APPEAL OF DETERMINATIONS OCR is committed to a high quality resolution of every case. OCR affords an opportunity to the complainant to submit a request for reconsideration or an appeal of OCR determinations that are not in the complainant's favor. If the complainant disagrees with OCR's decision to dismiss or administratively close a complaint for any reason jurisdiction, timeliness, other administrative reasons), he or she may send a written request for reconsideration to the Deputy Assistant Secretary for Enforcement within 60 days of the date of OCR's dismissal or administrative closure letter. If the complainant disagrees with an OCR decision ?nding insuf?cient evidence to support the complaint allegation[s) after investigation, he or she may send a written appeal to the Deputy Assistant Secretary for Enforcement within 60 days of the date of OCR's letter of ?ndingfs). Requests for reconsideration and appeals should be sent to: Deputy Assistant Secretary for Enforcement Of?ce for Civil Rights U.S. Department of Education 400 Maryland Avenue, SW. Washington, DC. 20202-1100 This review process provides an opportunity for complainants to bring information to attention that would change OCR's decision. For both reqUests for reconsideration and appeals, the complainant must explain why he or she believes the factual information was incomplete, the analysis of the facts was incorrect, and /or the appropriate legal standard was not applied, and how this would change OCR's determination in the case. Failure to do so may result in the denial of the request for reconsideration or appeal. The review process will not be a de novo review OCR will not review the matter as if no previous decision had been rendered) of OCR's decision. ADDITIONAL INFORMATION Right to File a Separate Court Action The complainant may have the right to ?le suit in Federal court, regardless of OCR's ?ndings. OCR does not represent the complainant in case processing, so if the complainant wishes to ?le a court action, he or she must do so through his or her own attorney or on his or her own through the court's p315; clerk's of?ce. If a complainant alleges discrimination prohibited by the Age Discrimination Act of 1975, a civil action in Federal court can be ?led only after the complainant has exhausted administrative remedies. Administrative remedies are exhausted when either of the following has occurred: 1) 180 days have elapsed since the complainant ?led the complaint with OCR and OCR has made no ?nding; or 2] OCR issues a ?nding in favor of the recipient. If this occurs, OCR will notify the complainant and will provide additional information about the right to ?le for injunctive relief. Prohibition against Intimidation or Retaliation Page ll of 11 US. Department of Education, Of?ce for Civil Rights Discrimination Complaint Form, Consent Form, and Complaint Processing Procedures An institution under the jurisdiction of the Department of Education may not intimidate, threaten, coerce, or retaliate against anyone who asserts a right protected by the civil rights laws that OCR enforces, or who cooperates in an investigation. Anyone who believes that he or she has been intimidated or retaliated against should ?le a complaint with OCR. investigatory Use of Personal Information In order to investigate a complaint, OCR may need to collect and analyze personal information such as student records or employment records. No law requires anyone to give personal information to OCR and no formal sanctions will be imposed on complainants or other persons who do not cooperate in providing information during the complaint investigation or resolution process. However, if OCR is unable to obtain the information necessary to investigate a complaint, we may have to close the complaint. The Privacy Act of 1974, 5 U.S.C. 5523, and the Freedom of Information Act (F OIA), U.S.C. 552, govern the use of personal information that is submitted to all Federal agencies and their individual components, including OCR. The Privacy Act of 1974 protects individuals from the misuse of personal information held by the Federal government. it applies to records that are maintained by the government that are retrieved by the individual's name, social security number, or other personal identi?er. it regulates the collection, maintenance, use and dissemination of certain personal information in the ?les of Federal agencies. The information that OCR collects is analyzed by authorized personnel within the agency and will be used only for authorized civil rights compliance and enforcement activities. However, in order to investigate or resolve a complaint, OCR may need to reveal certain information to persons outside the agency to verify facts or gather additional information. Such details could include the age or physical condition of a complainant. Also, OCR may be required to reveal information requested under which gives the public the right of access to records of Federal agencies. OCR will not release any information to any other agency or individual except in the one of the 11 instances de?ned in the Department's regulation at 34- C.F.R. 5b.9 OCR does not reveal the name or other identifying information about an individual unless it is necessary for completion of an investigation or for enforcement activities against an institution that violates the laws, or unless such information is required to be disclosed under the FOIA or the Privacy Act. OCR will keep the identity of complainants confidential except to the extent necessary to carry out the purposes of the civil rights laws, or unless disclosure is required under the the Privacy Act or otherwise by law. gives the public the right of access to records and files of Federal agencies. Individuals may obtain items from many categories of records of the Federal government, not just materials that apply to them personally. OCR must honor requests for records under with some exceptions. Generally, OCR is not required to release documents during the case evaluation and investigation process or enforcement proceedings, if the release could affect the ability of OCR to do its job. 5 U.S.C. Also, a Federal agency may refuse a request for records if their release would result in an unwarranted invasion of privacy of an individual. 5 U.S.C. 552(b](6) and Also, a request for other records, such as medical records, may be denied where disclosure would be a clearly unwarranted invasion of privacy. Page 240 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 241 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 242 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 243 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 244 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 245 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 246 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 247 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 248 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 249 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 250 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 251 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 252 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 253 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 254 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 255 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 256 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 257 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 258 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 259 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 260 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 261 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 262 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 263 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 264 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 265 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 266 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 267 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 268 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 269 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 270 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 271 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 272 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 273 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 274 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 275 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 276 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 277 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 278 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 279 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 280 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 281 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 Page 282 of 379 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy AC1 UNITED STATES DEPARTMENT OF EDUCATION REGION OFFICE FOR CIVIL RIGHTS ILLINOIS INDIANA 500 WEST MADISON ST., SUITE 1475 IOWA CHICAGO, IL 60661 4544 MINNESOTA NORTH DAKOTA WISCONSIN March 20, 2014 Re: OCR Docket 05-14-2334 (C) Dear This is to notify you that the US. Department of Education (Department), Of?ce for Civil Rights (OCR), has carefully evaluated the above-referenced complaint you ?led with OCR on March 7, gainst the Vincennes University (University) alleging discrimination on the basis of sex. We conducted the evaluation in accordance with Case Processing Manual to determine whether to open your complaint for investigation. We have determined that we have the authority to investigate your complaint. Your complaint alleges that the Universit sub'ected your client, a female undergraduate student, to discrimination based on sex in the MGM) academic year. The complaint raises whether the University fails to and equitably respond to complaints, reports and/or incidents of sexual violence of which it had notice, including your client?s report of sexual assault committed against her by a male student, thereby creating for students a sexually hostile environment. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681, and its implementing regulation at 34 C.F.R. 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. Because OCR has determined that it has jurisdiction and the complaint was ?led timely, it is opening the allegation for investigation. Please note that opening the allegation for investigation in no way implies that OCR has made a determination with regard to 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 allegation, in accordance with the provisions of Article of the Case Processing Manual. The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. gov Page 2 OCR offers, when apprOpriate, an Early Complaint Resolution (ECR) process to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegation. Some information about the ECR process is in the enclosure to this letter. In addition, when appropriate, a complaint may be resolved before the conclusion of an investigation 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 allegation 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 ECR process or have any questions, please contact Salina Gamboa at (312) 730-1627 or by email at Salina.Gamboa@ed.gov. Sincerely, 72W Je frey Tumbull Team Leader Enclosure I ?3 UNITED STATES DEPARTMENT OF EDUCATION REGION we}; vans! 3: OFFICE FOR CIVIL RIGHTS ILLINOIS .2 - ?f INDIANA a? 500 WEST MADISON ST., SUITE 1475 IOWA CHICAGO, IL 60661-4544 MINNESOTA NORTH DAKOTA WISCONSIN March 20, 2014 Dr. Richard E. HeltOn President Vincennes University 1002 N. First Street Vincennes, IN 47591 Re: OCR Docket 05-14-2334 Dear Dr. Helton: This is to notify you that the US Department of Education (Department), Of?ce for Civil Rights (OCR), ha< recei ed and evaluated the above-referenced complaint ?led with OCR on March 7, against Vincennes University (University) alleging discrimination on the basis of sex. We conducted the evaluation in accordance with Case Processing Manual (CPM) to determine whether to open the complaint for investigation. We have determined that we have the authority to investigate this complaint. student (Student A) to discrimination based on sex in th (bx ?1 cademic year. The complaint raises whether the University fails to an equi a ly respond to complaints, reports and/or incidents of sexual violence of which it had notice, including Student A?s report of sexual assault committed against her by a male student (Student B), thereby creating for students a sexually hostile environment. Speci?cally, the complaint alleges that the University subiected a female undergraduate OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681, and its implementing regulation, 34 C.F.R. Part 106. Title IX prohibits discrimination on the basis of sex in any education program or activity operated by a recipient of Federal ?nancial assistance. As a recipient of Federal ?nancial assistance from the Department, the District is subject to this law. Additional information about the laws OCR enforces is available on our website at Because OCR has determined that it has jurisdiction and that the complaint was ?led timely, it is opening this allegation for investigation. Please note that opening the allegation for investigation in no way implies that OCR has made a determination 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 Dr. Helton regard to its merit. During the investigation, OCR is a neutral fact-?nder, collecting and analyzing relevant evidence from the complainant, the recipient, and other sources, as appropriate. OCR will ensure that its investigation is legally suf?cient and is dispositive of the allegation, in accordance with the provisions of Article of the CPM. OCR offers, when appropriate, an Early Complaint Resolution (ECR) process to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegation. Some information about the ECR process is in the enclosure to this letter. In addition, when appropriate, a complaint may be resolved before the conclusion of an investigation 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 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 ?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 ?nancial assistance make available to OCR information that may be pertinent to a compliance determination. This requirement is incorporated by reference in the Title IX regulation at 34 C.F.R. 106.71. Pursuant to 34 C.F.R. 100.6(0) and 34 C.F.R. 99.3 of the regulation implementing the Family Educational Rights and Privacy Act (F ERPA), 20 U.S.C. 1232g, OCR may review personally identi?able records without regard to considerations of privacy or confidentiality. Accordingly, OCR is requesting that you provide the following information to us within ?fteen (15) calendar days. Wherever possible, please provide the requested information in electronic format. If responsive data are available through the Internet, please provide the link to the data. rm); Page 3 Dr. Helton Page 4 Dr. Hclton Page 5 Dr. Helton Thank you for your cooperation in this matter. In addition to the information requested above, OCR may need to request additional information and interview pertinent personnel. If an on-site visit is necessary, we will work to schedule a mutually convenient time for the visit. Please notify OCR of the name, address, and telephone number of the person who will serve as the 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 and Student B. OCR is committed to prompt and effective service. If you have any questions, please contact Salina Gamboa, Equal Opportunity Specialist, at 312-730-1627 or by email at Salina.Gamboa@ed.gov. Sincerely, 4 7 (AM Jeffrey Turnbull Team Leader Enclosure