UNITED STATES DEPARTMENT OF EDUCATION REGION "1 DELAWARE OFFICE FOR CIVIL RIGHTS KENTUCKY MARYLAND . WANAMAKER BUILDING, SUITE 515 VIRGIMA 100 PENN SQUARE EAST PHILADELPHIA, PA 19107-3323 May 18, 2016 Karl W. Einolf, Acting President Mount Saint Mary?s University 16300 Old Emmitsburg Rd. Emmitsburg, MD 21727 Re: OCR Complaint No. 03-16-2114 Dear Dr. Einolf: This is to notify you that the Office for Civil Rights (OCR) of the US. Department of Education (the Department) received a complaint on February 18, 2016, against Mount Saint Mary's University (the University). The Complainant (WW3) alleges that the University discriminated against him on the bases of sex (male) and race . Specifically, the Complainant alleges that: 1. The University discriminated against him on the basis of sex when it (bxe); (bxuc) (bxe); (mmc) I. 2. The University treated him differently on the basis of his race by (WHO I OCR enforces Title VI of the Civil Rights Act of 1964 (Title VI) and its implementing regulation at 34 C.F.R. Part 100, which prohibit discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance from the Department. OCR also enforces Title IX of the Education Amendments of 1972 (Title IX) and its implementing regulation at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in any program or activity receiving Federal financial assistance from the Department. As the University receives Federal financial assistance from the Department, OCR has jurisdiction pursuant to Title VI and Title IX. With regard to allegation 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, I, The Department of Education?s mission is to promote student aehiwemen! and preparationfor global eonuwtitiwness byfostering educational excellence and ensuring equal access. (named. gov Page 2 OCR Complaint No. 03-16-2114 Dr. Karl W. Einolf and, as a result, students, including the Complainant, were subjected to a sexually hostile environment. Because OCR determined that it has jurisdiction and that the complaint was timely ?led, OCR is opening the complaint for investigation. Please note that opening the complaint for investigation in no way implies that OCR has made a determination on the merits of the complaint. During the investigation, OCR is a neutral fact-?nder, collecting and analyzing relevant evidence from the Complainant, the University, and other sources, as appropriate. OCR will ensure that its investigation is legally suf?cient and fully responds to the allegations in accordance with the provisions of the Case Processing Manual, available at Our goal is the prompt, appropriate resolution of the complaint. While we are proceeding with an investigation, there are other approaches that can achieve this goal. Information on complaint processing procedures is available at Attached is a request for data necessary to investigate this complaint. The Department?s regulation implementing Title VI of the Civil Rights Act of 1964, at 34 C.F.R. which is incorporated by reference in the Title IX regulation at 34 C.F.R. 106.71, gives OCR the authority to request this information.1 OCR requests that the University submit this information within 30 calendar days of the date of this letter by June 17, 2016). We prefer that you submit information electronically, if feasible. If any item in our request is unclear, or if you experience any dif?culty complying with this request, please contact us at the telephone number(s) provided below prior to the expiration of the 30?day period. Please be aware that OCR may need to make additional requests for information in the future. If OCR needs to conduct an on-site investigation, we will notify you in advance. 1. 1 Please note that OCR has the right of access to records that are necessary for investigation, even if those records contain names or other personally identi?able information. See 20 U.S.C. 1232glb)(1) and 1232g(b)(3) regarding the applicable provisions of the Family Educational Rights and Privacy Act; see also 34 C.F.R. 100.6(c) and 34 C.F.R. Page 3 OCR Complaint No. 03-16-2114 Dr. Karl W. Einolf 10. 11. Page 4 OCR Complaint No. 03-16-2114 Dr. Karl W. Einolf b7A Page 5 OCR Complaint No. 03-16-2114 Dr. Karl W. Einolf 13. 14. 15. Page 6 OCR Complaint No. 03-16-2114 Dr. Karl W. Einolf 16. 17. 18. 19. 20. 21. Page 7 OCR Complaint No. 03-16-2114 Dr. Karl W. Einolf b7A 23. 24. 25. 26. 27. 28. 29. 30. Page 8 - OCR Complaint No. 03-16-2114 Dr. Karl W. Einolf 31. 32. 33. 34. 35. 36. 37. 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. lfthis happens, the individual may ?le 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 identi?able information that could reasonably be expected to constitute an unwarranted invasion of personal privacy if released, to the extent provided by law. Page 9 OCR Complaint No. 03-16?2114 Dr. Karl W. Einolf We look forward to your cooperation during the resolution of this complaint. If you have any questions, please contact Aysha Ames, Team Attorney, at 215-656-65792 or by email at: aysha.ames@ed.gov. SincerelyNancy E. Potter Team Leader UNITED STATES DEPARTMENT OF EDUCATION REGION "1 . DELAWARE FOR CIVIL RIGHTS mam-ucm MARYLAND .V TI IE WANAMAKER BUILDING, sums 515 WW 100 PENN SQUARE EAST PHILADELPHIA, PA 19107-332 May 18, 2016 Re: OCR Complaint No. 03-16-2114 Dear (bxe); This refers to the complaint you filed with the Office for Civil Rights (OCR) of the U.S. Department of Education (the Department), against Mount Saint Mary? University (the University). This will also con?rm our April 13, 2016 telephone conversation, when you provided additional information and clarification of the allegations you outlined in your initial complaint filing. You allege that the University discriminated against you on the bases of sex (male) and race . Specifically, you allege that: 1. The University discriminated against you on the basis of sex when it (bxnc) (two) I, 2. The University treated you differently on the basis of race (WHO) I OCR enforces Title VI of the Civil Rights Act of 1964 (Title VI) and its implementing regulation at 34 C.F.R. Part 100, which prohibit discrimination on the basis of race, color, or national origin in any program or activity receiving Federal ?nancial assistance from the Department. OCR also enforces Title IX of the Education Amendments of 1972 (Title IX) and its implementing regulation at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in any program or activity receiving Federal financial assistance from the Department. Because the University receives Federal ?nancial assistance from the Department, OCR has jurisdiction pursuant to Title VI and Title IX. With regard to allegation 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, (WHO) I, and, as a result, students, including you, were subjected to a sexually hostile environment. The Department of Education ?5 mission is to promote student acliiem'menl and preparation for global compelitizmu?ss by fostering educational excellence and ensuring equal access. awaited.ng Page 2 OCR Complaint No. 03-16-2114 Because OCR determined that it has jurisdiction and that the allegations were ?led 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-?nder, collecting and analyzing relevant evidence from you, the University, and other sources, as appropriate. OCR will ensure 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, testi?es, or participates in an OCR proceeding. If this happens, the individual may ?le 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 identi?able 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 Aysha Ames, Team Attorney, at 215-656-5792 or by email at: aysha.ames@ed.gov. Sincerely, _.ov - Nancy E. Potter Team Leader Page 20 of 46 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 21 of 46 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 22 of 46 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 23 of 46 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 24 of 46 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 25 of 46 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 26 of 46 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 27 of 46 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad Page 28 of 46 Withheld pursuant to exemption 0f the Freedom Of Information and Privacy Ad