UNITED STATES DEPARTMENT OF EDUCATION armors: OFFICE FOR CIVIL 1'18 (ml 8'11, 19110 UIURKLI ATLANTA. GA 30303-8027 t: March 11. 2016 Dr. Julio Frenk President President?s Of?ce University of Miami Coral Gables. FL 33124 Re: Complaint #04-16-2075 Dear Dr. Frenk: On December 29. 2015. the US. Department of Education (Department). Office for Civil Ri ihts OCR . received a complaint ?led against the University ofMiami (University). in which ?mm mm) Complainant) alleged that the University engaged in discrimination on the a31s of sex. Specifically. the Complainant alleged that the University engaged in discrimination on the basis of sex when it failed to investigate her allegation of sexual assault. OCR is responsible for enforcing Title IX ofthe Education Amendments of 1972 (Title IX). 20 U.S.C. 1681 at and its implementing regulation. 34 Part 106. which prohibit discrimination on the basis of sex in any education program or activity operated by a recipient of Federal ?nancial assistance (FF A) from the Department. The University receives 1713A from the Department and is therefore subject to Title IX and the regulation. Additional information about the laws OCR enforces is available on our website at wedgov/ocr. Accordingly. OCR will investigate the lbllowing legal issues: 1. Whether the University failed to conduct a prompt investigation ofthe omplainant?s allegation of sexual assault. in noncompliance with the Title IX implementing regulation at 34 C.F.R. ??106.8 and 106.31. IQ Whether the University?s failure to provide a prompt investigation ofthe omplainant's allegation of sexual assault subjected her to a sexually hostile environment. in noncompliance with the Title IX implementing regulation at 34 .17.R. 106.8(b) and 106.31. Because OCR has determined that it hasjurisdiction and that the complaint was ?led timely. it is opening this complaint for investigation. Please note that opening the complaint for investigation in no way implies that OCR has made a determination with regard to its merit. The Department of Education '5 mission is to promote student achievement and preparation compel/tit enes~ by fostering educational and ensuring equal access. ww ?zed .gov Complaint #04-16-2075 Page 2 of 6 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 sufficient and is dispositive ofthe allegation, in accordance with the provisions ofArticle ofthe ('use I?mcessing Manual. Please read the enclosed document titled OCR ('mnp/aim Processing Procedures. which includes information about the regulatory prohibitions against retaliation. intimidation and harassment of persons who file complaints with OCR or participate in an OCR investigation: and application ofthe Freedom of Information Act and the Privacy Act to OCR investigations. OCR will conduct a prompt investigation of this complaint. The regulation implementing Title VI, at 34 C.F.R. 100.6(b) and requires that a recipient of FFA make available to OCR infomiation that may be pertinent to reach a compliance determination. This requirement is incorporated by reference in the Title IX regulation at 34 .R. Section 106.71. Pursuant to 34 CPR. 100.6(c) and 34 CPR. oftlte regulation implementing the Family Educational Rights and Privacy Act. 20 .S.C . 1232g. OCR may review personally identi?able records without regard to considerations ot?privacy or con?dentiality. Accordingly. OCR requests that the Institute submit the following non-redacted information to OCR within f1 ftcen (15) calendar days from the date ofthis letter: Complaint #04-16-2075 Page 3 01?6 (mam Complaint #04-16-2075 Page 4 01?6 Complaint #04-16-2075 Page 5 of6 In addition to the infomiation requested above. OCR may need to request additional information and interview pertinent personnel. If an on-site visit is determined to be necessary. you will be contacted to schedule a mutually convenient time for the visit. Pursuant to Section 302 ofOCR?s Case Processing Manual. a complaint may be resolved at any time when, before the conclusion of an investigation. the recipient expresses an interest in resolving the complaint. Please contact the assigned investigator. Ms. Demetria Mills-Obadic, the assigned investigator. at her contact information below at any time if the University wishes to discuss a Section 302 voluntary resolution. Complaint #04-16-2075 Page 6 of6 Please notify OCR ofthe name. address. and telephone number of the person who will serve as the University?s contact person during the resolution of this complaint. We would like to talk with this person as soon as possible regarding the infomiation requested in this letter. Please be advised that Title IX prohibits recipients from intimidating. coercing, threatening or discriminating against any individual for the purpose of interfering with any right or privilege secured by the laws OCR enforces. or because one has made a complaint, or participated in an investigation in connection with a complaint. OCR is committed to prompt and effective service. If you have any questions. please contact Ms. Demetria Mills-Obadic at 404) 974-9353 or the undersigned at (404) 974-93 76. Arthur Manigault. q. Compliance Team Leader Enclosure(s) UNITED STATES DEPARTMENT OF EDUCATION mmox OFFICE FOR CIVIL RICI ITS I hl FORSYTII ATLANTA, GA 30303-8027 11 sat I. March 11. 2016 Via Em i1 Re: Complaint #04-16-2075 On December 29, 2015, the US. Department of Education (Department), Of?ce for Civil Rights (OCR), received the complaint you (Complainant) ?led against the University of Miami (University) alleging retaliation. I (W7) Speci?cally. you alleged that the University discriminated against you when it failed to investigate your allegation of sexual assault. OCR is responsible for enforcing Title IX ofthe Education Amendments of 1972 (Title IX). 20 U.S.C. 1681 et seq.. and its implementing regulation. 34 CPR. Part 106. which prohibit discrimination on the basis of sex in any education program or activity operated by a recipient of Federal ?nancial assistance (FFA) from the Department. The University receives FFA from the Department and is therefore subject to Title IX and the regulation. Additional information about the laws OCR enforces is available on our website at OCR has determined that it has the authority to investigate your allegation consistent with our complaint procedures and applicable law. Because OCR has determined that it has jurisdiction and that the complaint was ?led timely. it is opening this complaint for investigation. Please note that opening the complaint for investigation in no way implies that OCR has made a determination with regard to its merit. During the investigation, OCR is a neutral fact-?nder, collecting and analyzing relevant evidence from the complainant, the recipient, and other sources. as appropriate. OCR will ensure that its investigation is legally suf?cient and is dispositive of the allegation. in accordance with the provisions of Article of the Case Processing il/Ianual. Accordingly, OCR will investigate the following legal issues: 1. Whether the University failed to conduct a prompt investigation of the Complainant?s allegation of sexual assault, in noncompliance with the Title IX implementing regulation at 34 CPR. 106.8 and 106.31. 2. Whether the University?s failure to provide a prompt investigation of the Complainant?s allegation of sexual assault subjected her to a sexually hostile environment. in The Department of [Education '5 mission is tn prumute student achievement and preparatu fury/01ml by tustering educational ewe/Ience and ensuring equal access. \vw w.etl.gov Complaint #04-16-2075 Page 2 noncompliance with the Title IX implementing regulation at 34 CPR. 106.8(b) and 106.31. Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request. In the event that OCR receives such a request, we will seek to protect to the extent provided by the law, personably identi?able information, which, if released, could reasonably be expected to constitute an unwarranted invasion of personal privacy. In keeping with commitment to resolve allegations of discrimination and appropriately, Ms. Demetria Mills-Obadic, the assigned investigator, will communicate with you periodically regarding the status of your complaint. Please refer to the docket number listed above in any contacts with this of?ce. If you have any questions, please contact Ms. Demetria Mills-Obadic at (404) 974-9353, or the undersigned, at (404) 974-93 76. Sincere Arthur Manigault, sq. Compliance Team Leader