UNITED STATES DEPARTMENT OF EDUCATION .. .. . . ()l-l-lCl- lVIl. Rl(.an: wmvnumm 100 l?li\\ mm HA, July 19, 2016 Re: OCR Complaint No. 03-16-2187 Dear . This refers to the complaint you filed with the Office for Civil Rights (OCR) of the US. Department of Education (the Department), against the University of Maryland Baltimore County (the University). You allege that the University discriminated against your client, (the Student), on the basis of sex. Specifically, you allege that the University discriminates on the basis of sex by: 1. Failing to and equitably address Ireport by the Student that she was (C) . 2. Failing to provide adequate procedures for the prompt and equitable resolution of complaints of sex discrimination. OCR enforces Title IX of the Education Amendments of 1972 (Title IX) and its implementing regulation at 34 C.F.R. Part 106, which prohibits discrimination on the basis of sex in any program or activity receiving Federal financial assistance from the Department. Because the University receives Federal financial assistance from the Department, OCR has jurisdiction pursuant to Title IX. With regard to the allegations, consistent with OCR policy, we will investigate whether the University failed to and equitably respond to complaints, reports and/or incidents of sexual violence of which it had notice, including the complaint the Student filed, and, as a result, students, including her, were subjected to a sexually hostile environment. Because OCR determined that it has jurisdiction and that the allegations were filed timely, OCR is opening the allegations for investigation. Please note that opening the allegations for investigation in no way implies that OCR has made a determination on the merits of the allegations. During the investigation, OCR is a neutral fact-finder, collecting and analyzing relevant evidence from you, the University, and other sources, as appropriate. OCR will ensure 'I'I'ii' Dryd'nmz'n! n} [Jun/(inn mum?? is Iii/fostering educational iu'n?llr?na' and ensuring cqiml access. Page 2 OCR Complaint No. 03-16-2187 that its investigation is legally sufficient and fully responds to the allegations in accordance with the provisions of the Case Processing Manual, available at: Please be advised that the University must not harass, coerce, intimidate, discriminate, or otherwise retaliate against an individual because that individual asserts a right or privilege under a law enforced by OCR or files a complaint, testifies, or participates in an OCR proceeding. If this happens, the individual may file a retaliation complaint with OCR. Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request. If OCR receives such a request, we will seek to protect personally identifiable information that could reasonably be expected to constitute an unwarranted invasion of personal privacy if released, to the extent provided by law. If you have any questions, please contact Joshua Galiotto at 215-656-8587 or Sincerely, I A Nancy E. otter TeamL der UNITED STATES DEPARTMENT OF EDUCATION I FOR KENTUCKY MARYLAND . . . . . . Bl. 8L i' Win VIRGINIA 100 Pl 111 19107-1323 July 19, 2016 Freeman A. Hrabowski, President University of Maryland, Baltimore County 1000 Hilltop Circle Baltimore, MD 21250 Re: OCR Complaint No. 03-16-2187 Dear Dr. Hrabowski: This is to notify you that the Of?ce for Civil Rights (OCR) of the US. Department of Education (the Department) received a complaint on June 7, 2016, against University of Maryland Baltimore County (the Universit . The Complainant alleges that the University discriminated against her client, (the Student), on the basis of sex. Specifically, the Complainant alleges that the University discriminated on the basis of sex by: 1. Failing to and equitably address the (DWC) report by the Student that 2. Failing to provide adequate procedures for the prompt and equitable resolution of complaints of sex discrimination. OCR enforces Title IX of the Education Amendments of 1972, 20 U.S.C. 1681. and its implementing regulation, 34 C.F.R. Part 106, which prohibits discrimination on the basis of sex by recipients of Federal ?nancial assistance. Title IX also prohibits retaliation. As a recipient of Federal ?nancial assistance from the Department, the University is subject to Title IX and its implementing regulation. In accordance with OCR procedures, investigation of this complaint will encompass whether the University failed to respond and equitably to complaints, reports, and/or incidents of sexual violence of which it had notice, including the report of the sexual assault of the Student, and whether students, including the Student, were subjected to a sexually hostile environment. Because OCR has determined that it has jurisdiction and that the complaint was ?led timely. it is opening these allegations for investigation. Please note that opening an allegation 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 sufficient and is dispositive of the allegations, in accordance with the 'Hu' mission is to pronwtu study?! Ht hivvc'nh'n! and prt'paralnmfor 34mm! Iii/fostering educational en?allance and ensuring equal access. Page 2 Dr. Hrabowski provisions of Article of the OCR Case Processing Manual. Additional information about the laws OCR enforces is available on our website at Complaints can be resolved before the completion of an investigation through voluntary resolution agreements between OCR and the recipient as follows: The recipient expresses an interest in resolving the complaint through an agreement; If the complaint can be resolved through a voluntary resolution agreement. OCR will draft an agreement for the recipient?s review; 0 If the recipient signs a voluntary resolution agreement, OCR will issue letters notifying the Complainant and the recipient that the case has been resolved; 0 OCR monitors voluntary resolution agreements: 0 The complainant is not a party to the agreement. Please read the enclosed document entitled Complaint Processing Procedures," which includes information about: OC R?s complaint evaluation and resolution procedures; regulatory prohibitions against retaliation, intimidation and harassment of persons who ?le complaints with OCR or participate in an OCR investigation; and application of the Freedom of Information Act and the Privacy Act to OCR investigations. OCR intends to conduct a prompt investigation of this complaint. The regulation implementing Title VI, at 34 C.F.R. 100.6(b) and (0), requires that a recipient of Federal financial assistance make available to OCR information that may be pertinent to reach 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. ofthe 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 confidentiality. Accordingly, OCR is requesting that you forward the following information to us within thirty (30) calendar days. Please note that in this request, the term ?correspondence? includes, but is not limited to, e-mail, letters, meeting notes, notes of telephone conversations, and all related memoranda. Please provide these documents in chronological order, and ensure that duplicate emails are eliminated. In each instance where a policy is requested but a written policy on the matter at issue does not exist, provide instead an explanation of the Universitv 's usual practice. A. I?x) Page 3 Dr. Hrabowski Page 4 - Dr. Hrabowski 5 6. 9. 10_ (WW) Page 5 Dr. l-{rabowski l4. 15 16. Page 6 Dr. [-lrabowski D. 20. Page 7 Dr. Hrabowski INeffort to improve the convenience, accessibility and quality of our interactions with our customers, we request that you submit requested evidence and information by e-mail in an electronic format whenever it is convenient to do so. This may include using e-mail to forward scanned or saved hard copy documents, PDFs, other e?mails, digital photographs, spreadsheets and databases. When data ?les are too large for email, a CD by regular mail would achieve a similar result. Similarly. if you have access to e-mail and can receive information from OCR in an electronic format. please provide us with your email address. To the extent that infonnation Page 8 Dr. Hrabowski we have requested (such as relevant policies or procedures) is available online, please provide the URL address (es) where the information is located. In addition, please advise us if you have ready access to a web camera or have other video-conferencing capability, in order for us to facilitate face-to-face communication. Use of these digital media can greatly enhance the quality, speed and ef?ciency of our case resolution activities. Please notify OCR of the 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 information requested in this letter. In addition, OCR may need to request additional information and interview pertinent personnel. If an on-site visit is determined to be necessary, you will be contacted to schedule a mutually convenient time for the visit. Please be advised that the University must not harass, coerce, intimidate, discriminate, or otherwise retaliate against an individual because that individual asserts a right or privilege under a law enforced by OCR or ?les a complaint, testi?es, or participates in an OCR proceeding. If this happens, the individual may ?le a retaliation complaint with OCR. Under the Freedom of lnforrnation Act, it may be necessary to release this document and related correspondence and records upon request. If OCR receives such a request, we will seek to protect personally identi?able information that could reasonably be expected to constitute an unwarranted invasion of personal privacy if released, to the extent provided by law. We look forward to your cooperation during the resolution of this complaint. If you have any questions, please contact Joshua Galiotto at 215-656-8587 or joshua.galiotto@ED.gov. Sincere?, ll Nancy El otter Team Leader