UNITED STATES OF EDUCATION OFFICE FOR CIVIL RIGHTS. REGION XV [35o EUCLID SUITE 313?, slicing? CLEVELAND. OH 44I1-3 JUN .43 2818 (bll?l; (bl(7(Cl Re: OCR Docket #lS-l 5-2238 (bills); (bl DESI On August 8. 2015. the U.S. Department ot'Education?s Office for Civil Rights received a complaint you ?led against .lohn Carroll University (the University}. The complaint alleges that the University discriminated against you on the basis of sex. Speci?cally. your complaint alleges that the University failed to and equitably respond to com laints. renor andi?or incidents ot?sesual violence of which it had notice. including your 531(6); report ot?sexual assault. and, as a result. students, including you. were subjected to a sexually hostile environment. OCR is responsible for enforcing Title IX of the Education Amendments of [Gill 20 USE. ti 1681 at seq. and its implementing regulation, at 34 CFR. Part 106. which prohibit discrimination on the basis ofsex in education programs and activities operated by recipients of Federal ?nancial assistance from the Department. As a recipient of such tinancial assistance. the University is subject to Title 1X. Because OCR has t'leterniincd that we have jurisdiction over your complaint and that your complaint was tiled timely. we are opening your complaint for investigation. Based on the complaint. we will investigate the following legal issues: 1. Whether the University provided prompt and equitable responses to sexual violence complaints. reports. andi?or other incidents ot? which it had notice (knew about or should have known about) as required by the Title lX implementing regulation at 34 CPR. 106.8 and 106.31. a. Whether the University complied with the requirements of the Title regulation at 34 CPR. ti 106.9 regarding notice of nondiscrimination. The of?ine-anon mission is to promote snm?ent achievement and global excellence and ensuring mini! actress. I. rn'n'. so?. go page 2 b. Whether the University complied with the requirements of the Title regulation at 34 CPR. tat; 106.8 and 106.9(a) regarding the designation and notice ot?a Title IX coordinator. 2. Whether any failure by the University to provide a prompt and equitable response allowed a student or students andr?or the campus. generally, to continue to be subjected to a sexually hostile environment that denied or limited a student or students: ability to participate in or bene?t from the University?s programs, in violation of the Title 1X implementing regulation at 34 CPR. 106.8 and 106.31. Please note that opening an allegation for investigation in no way implies that OCR has made a determination with regard to its merits. During the investigation. OCR is a neutral tact-tinder. eollceting and analyzing relevant evidence from the con'tplainant. the recipient, and other sources as appropriate. OCR will ensure that the investigation is legally sufficient and is dispositive of the allegations in accordance with the provisions of Article ot?OC?R?s Case Processing Manual. OCR works to resolve allegations ot?discrimination and appropriately. We will communicate with you periodically during our investigation. When contacting our office about your case, please refer to OCR Docket Number 5-2238. It you have any questions. please contact Mr. Vincent Cheverine. the OCR attorney who has been assigned to investigate this complaint. by telephone at (2 6] 522-2615 or by e- mail at Vincent.Cheveritier/riledlgoy. Sincerely, ?x a: Yarab Supervisory Leader UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS, REGION XV lass sucuo avenue. SUITF. 325 CLEVELAND. on 44: Is ciao HUN 13-5 2Ul5 Rev. Robert L. Nichol}: SJ. President John Carroll University 1 John Carroll Boulevard University Heights. Ohio 44113 Re: OCR Docket #154 5-22.38 Dear President Niehol?t?: On August 6. 2015. the US. Department ol?Education?s Office for Civil Rights (OCR) received a complaint tiled against John Carroll University the Uni versity). The complaint alleges that the University discriminated against students based on sex by tailing to and equitably respond to complaints reports andr'or incidents of sexual violence of which it had notice. including a report ofsexual assault against a. student {the Student), and. as a result. stu ents. Inctuot the Student. were subjected to a sexually hostile environment. OCR is responsible tor entbrein Title lX ot' the Education Amendments of 1972. 20 U.S.C. 1681 arsed, and its implementing regulation, at 34 C.F.R. Part [06. which prohibit discrimination on the basis of sex in education programs and activities operated by recipients of Federal ?nancial assistance from the Department. As a recipient of such financial assistance. the University is subject to Title IX. Because OCR has determined that we have jurisdiction over the allegation and that this complaint was tiled timely. we are opening the allegation for investigation. Based on the complaint allegation. we will investigate the following legal issues: I. Whether the University provided prompt and equitable responses to sexual violence complaints, reports. andi?or other incidents of which it had notice {knew about or should have known about} as required by the Title ix implementing regulation at 34 ORR. [06.8 and 106.3l. a. Whether the [.?niversity complied with the requirements of the Title regulation at 34 CPR. i069 regarding notice of nondiscrimination. The offing-odor: it session is to promote .i'tnriem achievement min? preparelionfoi'giohcn' eonipe'ri'rfveness fritl'jas'ic'l?til?g' urinenrionrii excellence and ensuring could access. edger Page 2 President Robert L. Niehoff b. Whether the University complied with the requirements of the Title regulation at 34 CPR. 106.8 and 106.9(a} regarding the designation and notice ot?a Title EX coordinator. l'xJ Whether any failure by the University to provide a prompt and equitable response allowed a student or students andtor the campus, generally, to continue to be subjected to a sexually hostile environment that denied or limited a student or students? ability to participate in or bene?t from the University?s programs, in violation of the Title IX implementing regulation at 34 CPR. 106.8 and .106.3l. Please note that opening an allegation for investigation in no way implies that OC has made a determination with regard to its merits. During the investigation, OCR is a neutral fact- tinder, collecting and. analyzing relevant evidence from the complainant, the recipient, and other sources as appropriate. OCR will ensure that the investigation is legally sufficient and is dispositive of the allegations in accordance with the provisions of Article ill of OCR's Case Processing Manuai. For your reference, the enclosed document, entitled Complaint Processing Procedures." includes information about: a complaint evaluation and resolution procedures, including the availability of Early Complaint Resolution 0 regulatory prohibitions against retaliation, intimidation and harassment ofpersons who tile complaints with OCR or participate in an OCR investigation; and the application ofthe Freedom of information Act and the Privacy Act to OCR investigations. Additional infonnation about the ans OCR enforces is available on our website at it ed. go vr'ocr. OCR intends to conduct a prompt investigation ot?this complaint. The Title Vi regulation, at 34 CPR. ti little. requires that a recipient ofFederal tinancial assistance make available to OCR information that may be pertinent to reaching a compliance determination. The Title 134; regulation incorporates those requirements by reference at .34 (3.13.11. 106.?1. in addition, in accordance with the Title regulation at 34 CPR. lthtite} and with the regulation implementing the Family Educational Rights and Privacy Act, 20 U.S.C. ti 1232g, at 34 CPR. OCR may review personally identi?able records without regard to considerations of privacy or confidentiality. Accordingly, we are requesting that you forward the following information to us within 15 calendar days of the date stamped at the top of this letter. Please contact OCR prior to submitting documentation electronically to ensure that submissions can be accepted. Page '3 President Robert L. Niehot?f Wherever possible, please provide the requested information Bates?labeled if you have that capability. L.) 3.44 a copy of any University policies or procedures in effect during the 2013?2014. and school years that address discrimination and harassment based on sex. including sexual violence, involving students, employees, and third parties, including sexual policies and procedures, Title IX grievance procedures, applicable disciplinary procedures and codes, appeal procedures. and nondiscrimination notices; if any of the above policies or procedures changed over the applicable time period, please provide a copy ofall documents that re?ect each change and note the date-{s} when the new policy or procedure became applicable; the namcts) and title(sl of the University?s Title IX coordinatortsl, and any deputy or co?coordinatorts). In addition, please note when each individual assumed his or her position, and provide an explanation ofhow that person or persons? identity and contact information are disseminated to students, faculty, staff, and administrators; the names and titles of any University personnel responsible for investigating incidents of discrimination and harassment based on sex or implementing any part of the University?s Title IX grievance process; a description ofhotv the University handles criminal complaints and the effect that criminal complaints have on the University?s Title IX investigation process; the names and titles of any University designated contact person for related criminal investigations; and the process used by the University in communicating with local prosecutors about the status of criminal investigations; a description ot?law cnl'ercement?s role in the University?s Title IX investigation process, including a copy l? any memoranda of understanding with campus and local law entorcement or related protocols; a description ofhow the University handles requests for con?dentiality by those reporting incidents ofdisctimination and harassment based on sex, including sexual violence; a copy ofall documentation stored in any location, including electronic recordlcecping systems, concerning any formal or informal complaints or reports of sexual assault or sexual harasstr ent made to the University by or on beltalfofthc Student (bids); including: Page 4 President Robert L. Niehoff 9. a copy of any written complaints or reports, and a detailed description of any verbal complaints: a copy ot?all investigative files, interview memoranda, vvitness statements, and related documents concerning any University investigation of these complaints or reports; a copy of any records related to any hearings held regarding each complaint, including but not limited to hearing transcripts, video or audio recordings, notes, and copies of any documentation or other evidence presented or considered as part of the hearing; a copy of any documents showing the steps of the investigation and the results of the University?s investigation, including any correspondence, e-mails and other documents, as well as how the University noti?ed pertinent parties of the outcome ofeaeh investigation; a copy ot?any appeals filed by either party and documentation regarding the University?s processing ofeach appeal, including but not limited to any documentation, records or other information the University relied on in making a determination regarding the appeal, including with respect to sanctions, and any notice provided to the parties regarding the outcome of the appeal; a detailed description ofany action the University tool: to stop any harassment or discrimination and to prevent any additional discrimination or harassment based on sex, while each complaint or report was being investigated (interim measures) or atter the investigation concluded: and a copy of any documents, including student discipline records, memoranda. emails, notes, or other documents, that discuss or relate to any disciplinary or other remedial action the University took in response to each complaint or report. a copy of all documentation concemin any formal or informal complaints or reports ot?sexual harassment made to the University (including, but not limited to those received by University personnel; the University Police Department; the University Department of Public Safety; the Office of University Judicial Affairs; the Title IX Of?ce; the Offi cc of the Provost; the Office oquual Opportunity 8.: Access; University iiousing, Food 8: Retail Services; University Health Services; or Human Resources; or those received elsewhere and then referred to the University) or investigatedt? resolved by the University during the 2013?2014. 20t4~20 5, and 2-015- a school years, including: Page 5 President Robert L. Niehot?f a. d. a copy of any written complaints or reports. and a detailed description of any verbal complaints; a copy of all investigative tiles. interview memoranda. witness statements. and related documents concerning any University investigation ot?these complaints or reports; a copy ot?any documents showing the steps of the investigation and the results ot'tlte University?s investigation including any eon?espondence. e?mails. and other documents. as well as how the University noti?ed pertinent parties of the outcome ot?each investigation; a detailed description ot?any action the University took to stop any harassment or discrimination and to prevent any additional discrimination or harassment based on sex. while each complaint or report identified in response to request #Qtal above was being investigated {interim measures} by the University or other law cnlorcement entities or after the investigation concluded; for each complaint or report of alleged sexual harassment andfor violence responsive to this request. identify whether the University found that the complainant anther other students were sexually harassed/assaulted; whether the University found that any complaint was part ot?a larger pattern of similar complaints; and whether the University made any conclusion about whether the complainant andfor other students were subject to a sexually hostile environment: and a copy ot? any documents. including student discipline records. memoranda. emails. notes. or other documents. that discuss or relate to any disciplinary or other remedial action the University took in response to each complaint or report identi?ed in response to request Wt a) above; it?not included in responses above. copies of all communications. including letters. c-mails. notes. memoranda. reports. notices. or other communications sent or received by University faculty; staff. administration. andr?or Trustees during the EDIE-2014. 2014?2015. and 3015-2016 school years that discuss. relate. or refer to the complaints or reports identified under requests #8 and #9 above; it' not included in responses above. a copy ot?any notes. agendas. sumo-ratios. or follow?up communication related to any meetings between University staff and the Student regarding any allegations of. or remedies for. sexual assault or sexual harassment; Page (i President Robert L. Niehoff copies of any notes. agendas, summaries. or follow~up communication related to any meetings during the 20134014, 20l4-2015, and 2015?20 to school years between University staff and the complaining student(s} regarding any allegations of, or remedies for, sexual harassment: a description and copies, if applicable. of any steps the University took during the EDIE-2014, 2014-20l5. and 2tll5u2016 school years to make students. faculty, and staff at the University aware of the policies and procedures identified in response to requests #1 or #2 above, such as publications, website statements andf'or training; a description ofthe ways in which the University communicates with students, staff, and other members of the campus community about its processes for addressing sexual harassment and violence for example. through its web site, speci?c publications, specific other electronic means, etc}: a description of any training regarding Title as it applies to sexual harassment, including sexual assault and violence, the University provided or offered to University personnel; and University students during 4. 20143015, and 2015-2015 school years. For each training, include the date of the training; the target audience coaches, residence hall staff, etc]; copies ol?any related materials distributed at the trainings; and a description of the backgroundfexpertise of the individual who provided training; copies of any and all brochures, pamphlets, or other materials that are disseminated to by the University to students regarding sexual harassment, the rights of complainants and accused individuals, andr?or other campus resources available to assist those facing sexual harassmentrviolence; a description of the University?s collaborative efforts with any advocacy groups on and ol?feampus to prevent sexual harassment, misconduct. and violence and to notify students and employees ot?their rights under Title DC. a list of campus organizations and other resources for students that address students" concerns or issues related to sexual harassment (including, but not limited to, women?s or men?s organizations; lesbian. gay, bisexual, transgender, or alliance organizations; and rape crisis centers. sexual assault support networks, or other similar agencies); include contact for each organization. and how information about these organizations is disseminated to students; a description of how the University has assessed the campus climate regarding sexual harassment issues. conducted self?assessments, collected Page 7 President Robert L. Niehot?f data, or monitored sexual harassment. misconduct, or violence on campus, ifat all. for school years 2013?2014, 2014-2015. and 2015-2016. Please provide any surnmari es or interim or final reports that describe the outcome of these efforts; and 20. any other information you believe relevant to the complaint allegations. Subsequent to the niversity?s responsets) to this data request but prior to the final stages ot'its investigation, OCR will accept supplemental materials from the University that it believes will materially impact or alter investigation. The University is also hereby noti?ed that it should retain all electronically stored information and other records, in their originally created format. containing information related to the subject matter ofthis complaint, including c-mails, word processing documents, spreadsheets, databases, calendars, telephone logs, internet ?les, network access information. and other media?based information (such as personal digital assistants and digital voice mail}, even alter it has provided OCR. with paper copies and whether or not OCR has included the information in this initial data request. Please also retain all non-electronic documents and evidence in whatever torm, including personal or desk files, calendars, notes. correspondence. drafts. policies, manuals, or other things relevant to the ease. Thank you for your cooperation in this matter. We also may need to interview individuals at the University with knowledge ofthe facts of this case. [fwe determine that an onsite visit is necessary, we will contact you to schedule a mutually convenient time for our visit. Upon receipt ofthis letter, please notify OCR ofthe name, address, and telephone number ot'the person who will serve as the University?s contact person during investigation. lfyon have any questions, please contact Mr. Vincent Cheverine, the OCR attorney who has been assigned to invesri gate this complaint, by telephone at {216} 522?2676 or by e?rnail at Vincent.Cheverigptt?edgov. Sincerely, S. Yarah Supervisory Attorneeream Leader Enclosure