UNITED STATES DEPARTMENT OF EDUCATION ggf?gg; OFFICE FOR CIVIL RIGHTS MARYLAND THE WANAMAKER BUILDING, SUITE 515 WEST VIRGINIA 100 PENN SQUARE EAST PHILADELPHIA, PA l9lO7-3323 July 19, 2016 IN RESPONSE, PLEASE REFER TO: 03161179 and 03162138 Dear This refers to the complaints you filed with the US. of Education (the Department), Office for Civil Rights (OCR), (the District) and James Rumsey Technical Institute (the institute . You alleged that the District and the Institute discriminated against your daughter, (WW3) the Student). on the basis of sex by failing to and euitabl reSpond to her report that she was while (more) Ithe Institute. In accordance with OCR procedures, investigation of your complaint will encompass whether the District and the Institute failed to respond and equitably to complaints, reports, and/or incidents of sexual violence of which each had notice, including your report of sexual assault, and whether students, including the Student, were subjected to a sexually hostile environment. 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 financial assistance. As recipients of Federal ?nancial assistance from the Department, the District and the Institute are subject to Title lX and its implementing regulation. Because OCR has determined that it has jurisdiction and that the complaint was filed timely, it is opening this allegation 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-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 of the allegations, in accordance with the provisions of Article ill of the OCR Case Processing Manuai. Complaints can also 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; a If the complaint can be resolved through a voluntary resolution agreement, OCR will draft an agreement for the recipient's review; The Department ofEdumtr'on's "?ssion is to promote student achievement and preparirtr'ortfor giobrtl competitizwress byfosteriirg educational excellence ensuring equal access. gov Page 2 - 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; The complainant is not a party to the agreement. If you have any questions, please contact Marcia Jones at (215) 656-8555 or by email at Marcia.Jones@ed.gov. Sincerely, ?t .. Nancy Potter Team Leader . UNITED STATES DEPARTMENT OF EDUCATION - gyms); OFFICE FOR CIVIL RIGHTS knit-road MARYLAND 100 PENN SQUARE EAST PHILADELPHIA, PA I9107-3323 July 19, 2016 IN RESPONSE, PLEASE REFERTO: 03162138 Ms. Donna Van Metre Director James Rumsey Technical Institute 3274 Hedgesville. Rd. Martinsburg, WV 25403 Dear Ms. Van Metre: This is to notify you of the complaint filed with the US. Department of Education, Office for Civil Rihts OCR), against the James Rumsey Technical Institute (the Institute). (the Complainant) alleges that the Rumsey Technical Institute (the Institute) discriminated against her daughter, m1 (the Student) on the basis of sex failin to rom ti and uitabl res rd to her Ireport that she OCR enforces Title IX of the Education Amendments of 1972, 20 U.S.C. 1681, and its implementing regulation, 34 CPR. Part 106, which prohibits discrimination on the basis of sex by recipients of Federal financial assistance. As a recipient of Federal financial assistance from the Department, the Institute is subject to Title IX and its implementing regulation. In accordance with OCR procedures. investigation of this complaint will encompass whether the Institute failed to respond and equitably to complaints. reports, and/or incidents of sexual violence of which it had notice, including the Student's report of sexual assault, 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 filed timely. it is opening this allegation 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-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 of the allegations, in accordance with the provisions of Article of the OCR Case Processing Manual. Additional information about the laws OCR enforces is available on our. website at I I The Department of Education ?5 mission is to promote student detrimental: and preparation for global competitiveness byfostcn'ng educational excellence and ensuring tii?t?css. Page 2 Donna Van Metre 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; 0 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; The complainant is not a party to the agreement. Please read the enclosed document entitled Complaint Processing Procedures." which includes information about: complaint evaluation and resolution procedures; regulatory prohibitions against retaliation,- intimidation and harassment of persons who file 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 requires that a recipient of Federal financial assistance make available to OCR information that may be pertinent to reach a compliance determination. 2This 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. of the regulation implementing the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 12329, OCR may review personally identifiable records without regard to considerations of privacy or confidentiality. Moreover, in an effort 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 files are too large for email, a CD by regular mail would achieve a similar result. Similarly, if you have access to email and can receive information from OCR in an electronic format, please provide us with your email address. To the extent that information 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. Accordingly. OCR is requesting that you forward the following information to us within thirty (30) calendar days of the date of this letter. 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. 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 Institute?s usual practice. 2 Please note that OCR has the right of access to records that are necessary for OCR's investigation, even if those records contain names or other personally identifiable information. See 20 U.S.C. and regarding the applicable provisions of the Family Educational Rights and Privacy Act; see also 34 C.F.R. 100.6(cl and 34 C.F.R. Page 3 - Ms.?Donna Van Metre 10. Page 4 - Ms, Donna Van Metre 11. 12. 13. 14. 15. 16. 17. 18. 19. Page 5 - Ms. Donna Van Metre Thank you for your cooperation in this matter. If you have any questions. piease contact Marcia Jones, Equal Opportunity Specialist, at 215?656-8555 or by email at Marcia.Jones@ed.gov. Sincerely, y' Nancy. Potter Team Leader Enclosures