UNITED STATES DEPARTMENT OF EDUCATION REGION OFFICE FOR CIVIL RIGHTS mm?i IOWA 500 WEST MADISON ST., SUITE I475 MJNNESOTA CHICAGO, IL 60661-4544 NORTH DAKOTA May 24, 2016 Ms. Clnisty l-Iall Attorney Gender Justice 550 Rice Street, Ste. 105 St. Paul, MN 55103 Re: #05-16-2208 St. Olaf College Dear Ms. Hall: The US. Department of Education (Department), Office for Civil Rights (OCR), has carefully evaluated the above referenced complaint you ?led with OCR on April 1, 20l6, against St. Olaf College (College) 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. Speci?cally, the complaint alleges the College discriminated against your client, a female undergraduate student (Student A), based on sex during the . cademic year when it failed to and equitably respond to Student A?sINon Resp?n5ive I INon R?5P?nsive I(Student B). The complaint raises whether the College fails to and equitably respond to complaints, reports and/or incidents of sexual violence of which it had notice, 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. 1681-1688, and its implementing regulation, 34 C.F.R. Part 106, which prohibit 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 and a public entity, the College is subject to these laws. Additional information about the laws OCR enforces is available on our website at We conducted the evaluation in accordance with Case Processing Manual to detemiine whether to open your complaint for investigation. We have determined that we have the authority to investigate this complaint. 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 its merits. During the investigation, OCR is a neutral fact-tinder, collecting and analyzing relevant 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 Ms. Hall OCR ft 05-16?2208 Page 2 ol'2 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 provisions of Article of the Case Proves-sing 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 after the recipient expresses an interest to 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. OCR is committed to prompt and effective service. If you have any questions. please contact Emily Martin. Investigator, by phone at (312) 730-1505 or by email at Sincercl Ann ook-Graver Supervisory Attorney Enclosure UNITED STATES DEPARTMENT OF EDUCATION REGION OFFICE FOR CIVIL RIGHTS I 10th 500 WEST MADISON ST.. sum; I475 MINNESOTA CHICAGO, IL 60661-4544 NORTH DAKOTA WISCONSIN May 24, 2016 David R. Anderson, President St. OlafCollege 1520 St. Olaf Avenue North?eld, MN 55057 Re: OCR Docket #05-16-2208 St. OlafCollege Dear Dr. Anderson: On April 1 l, 2016, the US. Department ofEducation (Department), Office for Civil Rights (OCR), received the above-referenced complaint ?led against St. Olaf College (College) alleging discrimination on the basis of sex. We conducted the evaluation in accordance with DC R?s 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. Specifically, the complaint alleges the College discriminated against a female undergraduate student (Student A) based on sex during thele Responsiv leademic year when it failed to and equitabl respond to Student Reslmsive I I Non Responsive (Student B). The complaint raises whether the College fails to and equitably respond to complaints, reports and/or incidents of sexual violence of which it had notice, 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. 1681-1688, and its implementing regulation, 34 C.F.R. Part 106, which prohibit 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 and a public entity, the College is subject to Title IX. Additional information about the laws OCR enforces is available on our website at OCR has determined that it has jurisdiction and that the allegation is timely, and is therefore 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 its 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 sufficient and is dispositive of the allegation, in accordance with the provisions of Article of the CPM. The Department of EduCntion?s mission is to promote student achievement and preparation for global competitiveness by fostering educational and ensuring cq an] access. ed. gov Dr. Ai?iderson it! 05?16?3208 Page 2 0H) 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 infonnation about the ECR process is in the enclosure to this letter entitled Complaint Processing Procedures.? 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 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 (Title VI) at 34 C.F.R. 100.6(b) and (0) requires that a recipient of Federal financial assistance make information that may be pertinent to reach a compliance determination available to OCR. This requirement is incorporated by reference by the regulation implementing Title IX at 34 CPR. 106.71. Pursuant to 34 CPR. 100.6(0) and 34 CPR. 99.3 of the regulation implementing the Family Educational Rights and Privacy Act (FERPA), 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 forward the following information to us within ?fteen (15) calendar days item the date of this letter. Please provide the requested information in electronic format. 1. A narrative response to the complaint allegation. 2. The name and contact information for the College?s Title IX Coordinator and a description of how students are informed of this individual?s name and contact information. Dr. Anderson it? 05-16-2308 Page 3 0H) 3. l0. ll. A copy of the College?s policies of nondiscrimination on the basis of sex and, if different, its policies on sexual violence, misconduct and/or harassment, along with a description of how students and employees are informed of these policies, and the names and titles of College staffresponsible for implementing these policies. A copy of the College?s grievance procedures for complaints of discrimination based on sex, including sexual violence, misconduct or harassment, a description of how students and employees are informed of these procedures, and the names and titles of College staff responsible for implementing these procedures. if not included in the response to item a description of the role of campus or community law enforcement in the grievance procedures, including a description of any memorandum of understanding between the College and local law enforcem ent agencies. An explanation of how criminal complaints are handled and of the effect of criminal complaints on the grievance process referenced in item including information about any College designated contact points for related criminal investigations and the process for communications with local law enforcement of?cials about the status of a criminal investigation and/or potential prosecution. An eXpIanation of how the College handles requests for con?dentiality made as part of the grievance procedures referenced in item Any handouts, ?iers or other informational material provided to complainants and/or their advocates who report sexual assault when they invoke any grievance processes and a copy of any Victim?s Bill ofRights provided to complainants and/or their advocates when or after a grievance is ?led or contemplated. A detailed description of any training provided to the College?s Title IX Coordinator or other College personnel regarding sex discrimination, including any training covering sexual harassment and sexual violence, and how to respond to a Title IX complaint, including how to conduct a Title IX investigation, 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 titles of the individuals who attended the training, and a copy of any materials distributed at the training. A cepy of the College?s Student Code of Conduct for the, 2013-2014, 2014?2015 and 2015-2016 academic years. A copy of all written reports of sexual violence, misconduct or harassment of Student A during the macademic year, and a narrative description of all verbal reports of sexual violence, misconduct or harassment of Student A during th cademic year. Dr. Anderson OCR it (1316-3208 Page 4 ol?o 12. With regard to each written or verbal report of sexual violence, misconduct or harassment referenced in the response to item #description with supporting documentation of any actions taken by the College to investigate and, if appropriate, reSpond to the written or verbal report; Copies of all notes, memomnda, correspondence, and other documents regarding the report of sexual violence, misconduct or harassment and investigation, including but not limited to letters, internal memoranda, complaint forms, reports, electronic-mail communications and notes ot?meetings; A list of any individuals interviewed in response to the allegationts), and the notes of any such interviews; A c0py of any ?ndings and statements of fact; and A description of any action taken as a result of the investigation, and, if applicable, a written explanation of the reason(s) for not taking any action in response to the allegation(s). A copy of all written reports of sexual violence, misconduct or harassment of any student by Student and a narrative description of all verbal reports of sexual violence, misconduct or harassment of any student by Student B. With regard to each written or verbal report of sexual violence, misconduct or harassment referenced in the response to item #13: a. b. A description with supporting documentation of any actions taken by the College to investigate and, if appropriate, reSpond to the written or verbal report; Cepies of all notes, memoranda, correspondence, and other documents regarding the report ofsexual violence, misconduct or harassment and investigation, including but not limited to letters, internal memoranda, complaint forms, reports, electronic-mail communications and notes of meetings; A list of any individuals interviewed in reSponse to the allegation(s), and the notes of any such interviews; A copy of any ?ndings and statements of fact; and A description of any action taken as a result of the investigation, and, if applicable, a written explanation of the reason(s) for not taking any action in response to the allegation(s). A description of how the College records and tracks complaints of discrimination based on sex, including sexual violence and other types of sexual harassment, as well as any monitoring that takes place after complaints are received, investigated, and responded to. Dr. Anderson OCR 05-10?2308 Page 5 0H) 16. A list of all other complaints of sexual violence, misconduct or harassment (written or verbal) ?led with the College during the 2013-2014, 2014-2015 and 2015~20l6 academic years, with the following information for eachdescription with supporting documentation of any actions taken by the College to investigate and, if appropriate, respond to the written or verbal report; Copies of all notes, memoranda, correspondence, and other documents regarding the report of sexual violence, misconduct or harassment and investigation, including but not limited to letters, internal memoranda, complaint forms, reports, electronic-mail communications and notes of meetings; A list of any individuals interviewed in response to the allegation(s), and the notes of any such interviews; A cepy of any ?ndings and statements of fact; and A description of any action taken as a result of the investigation, and, if applicable, 3 written explanation of the reason(s) for not taking any action in response to the allegation(s). A cepy of any campus climate survey questionnaire utilized by the College during the 2013-2014, 2014-20! 5 and 2015-2016 school years, and the results of each survey. For the 2013?2014 academic year to present, a copy of the College?s Clery Act reports. If not provided in response to the items above, the following information for each incident of sexual violence, sexual assault or sexual misconduct identi?ed in the College?s Clery Act reports: a. b. A description with supporting documentation of any actions taken by the College to investigate and, if appropriate, respond to the written or verbal report; Cepies of all notes, memoranda, correSpondence, and other documents regarding the report ofsexual violence, misconduct or harassment and investigation, including but not limited to letters, internal memoranda, complaint fonns, reports, electronic-mail communications and notes of meetings; A list of any individuals interviewed in reSponse to the allegation(s), and the notes of any such interviews; A copy of any ?ndings and statements of fact; and A description of any action taken as a result of the investigation, and, if applicable, a written eXplanation of the reason(s) for not taking any action in response to the allegation(s). . If not included in the reSponse to the above items, a copy of all correSpondence, memoranda, electronic mail messages, meeting notes and other documents concerning the allegations in this complaint. Dr. Anderson 6-2208 Page ofo Thank you for your cooperation in this matter. In addition to the information requested above, OCR may need to request additional infonnation. We will work to schedule a mutually convenient time for an onsite visit subsequent to receipt and review ofthe above requested data. Please notify OCR of the name, address, and telephone number of the person who will serve as the College?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 Emily Martin. Investigator, by phone at 312-730-1505 or by email at emily.martin@ed.gov . Ann Cook Graver Supervisory Attorney Enclosure