it E. I, $5363, (gm-3) UNITED STATES DEPARTMENT OF EDUCATION REGION OFFICE FOR CIVIL RIGHTS ILLINOIS all"! INDIANA as? 0? 900 WEST MADISON ST, SUITE 147:: 7'35 CHICAGO, IL 60661-4544 MINNBOTA NORTH DAKOTA August 5, 2016 WISCONSIN Dr. Lake Lambert President Hanover College 484 Ball Drive Hanover, Indiana 47243 Re: OCR Docket 05-16-2281 Dear Dr. Lambert: This letter is to notify you that the US. Department of Education (Department), Of?ce for Civil Rights (OCR) has received and evaluated the above-referenced complaint, ?led with OCR on June 20, 2016, against Hanover College (College), alleging discrimination on the basis of sex and disability. We conducted the evaluation in accordance with Case Processing Manual to determine whether to open the complaint for investigation. The complaint alleges the following: Non Responsive Allegation #1 of this complaint raises whether the College fails to provide prompt and equitable grievance procedures to Rcsponsive bf sexual?misconduct. 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 CPR. Part 106, and Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. 794, and its implementing regulation at 34 CPR. Part 104. Title IX prohibits discrimination on the basis of sex in any education program or activity operated by a recipient of Federal ?nancial assistance, and Section 504 prohibits discrimination on the basis of disability by recipients of Federal ?nancial assistance. As a recipient of Federal ?nancial assistance from the Department, the College is subject to these laws. Additional information about the laws OCR enforces is available on our website at The Department of Educa?On?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensurmg equal access. ed. gov Page 2 Dr. Lambert Because OCR has determined that it has jurisdiction and that the complaint was ?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 with regard to their 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 suf?cient and is dispositive of the allegations, in accordance with the provisions of Article of the Case Processing Manual. 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 allegations 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; 0 Regulatory prohibitions against retaliation and intimidation of persons who ?le 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 at 34 CPR. ?100.6(b) and requires that a recipient of Federal ?nancial 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 C.F.R. 106.71 and the regulation implementing Section 504 at 104.61. Pursuant to 34 CPR. 100.6(c) and 34 CPR. of the regulation implementing the Family Educational Rights and Privacy Act (F ERPA), 20 U.S.C. 1232g, OCR may review personally identi?able records without regard to considerations of privacy or con?dentiality. Accordingly, OCR is requesting that you forward the following information to us within twenty (20) calendar days from the date of this letter. Wherever possible, please provide the requested information in electronic format. If responsive data are available through the Internet, please provide the link. Page 3 Dr. Lambert Ln) 6. Non Responsive Page 4 Dr. Lamben 1 1 . 14. 15. 16. 17. 18. Page 5 Dr. Lambert l9. k) 23. 24. 25. 26. Page 6 Dr. Lambert 27. 29. Page 7 Dr. Lambert 30. 31. 32. 33. Thank you for your c00peration in this matter. In addition to the information requested above, OCR may need to request additional information and interview pertinent personnel. If an on- site visit is necessary, we will work to schedule a mutually convenient time for the visit. 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 at that time, we will provide the identity of Student A. Page 8 Dr. Lambert OCR is committed to prompt and effective service. If you have any questions, please contact TiShaunda McPherson, Civil Rights Attorney, at (312) 730-1633 or by e-mail at TiShaunda.McPherson@ed.2ov. cerely, Jeffrey Tumbull Team Leader Enclosure