UNITED STATES OF EDUCATION norm: OFFICE FOR CIVIL RIGHTS ALASKA menu>>: some 915 ND AVE suns 331a cum WA 95mm mm" May 19, 2016 nomm Dr. Jean Hernandez MARIAN President ISLANDS Edmonds Community College ween 20000 68'" Avenue Washington 98036 Re: Edrnonds Communig College OCR Reference No 10l62098 Dear Hernandez: This letter is to notify you that the U.S. Department cfEducation, Office for Civil Rights (OCR) has received a complaint against Edmonds Community College (college). The complaint alleges that the college discriminated against --(hereinaher, the student), on the basis ufsex, when it failed to provide him with a prompt and equitable grievance process afier two students filed complaints with the college accusing the student of sexual harassment. including a complaint of sexual violence. The complaint also alleges that that the college discriminated against the student on the basis of race and national oligin. when it treated him differently than other white American students during its investigation and discipline of the student for engaging in sexual harassnent, including sexual violence. OCR is responsible for enforcing title IX of the Education Amendments of 1972, and title VI of the Civil Rights Act of l964, and their implementing regulations. Title IX prohibits sex discrimination in progmms and activities receiving federal financial assistance from the U.S. Department of Education. Title VI prohibits race, color, and national origin discrimination in programs and activities receiving federal financial assistance from the US. Department of Education The college receives federal fumncial assistance from this Department and is, therefore, required to comply with Title IX and Title VIV OCR has accepted this complaint because the nllegafions raise a possihle violation of Title IX and Title VI. OCR's acceptance of the allegations does not reflect an opinion by OCR regarding the merits of the allegations or the college's compliance status with respect to federal civil rights laws. Complaint allegations may be resolved in a variety of Ways, including: a voluntary written agreement in which the college agrees to take remedial actions that OCR determines fully resolve the allegation consistent with applicable legal standards; or - an investigation by OCR, resulting in finding: and a determination as to whether the college is in compliance with the applicable legal standards and, in the event noncompliance is found, a Written agreement between OCR and the college in which the college commits to take specific steps to comply with applicable laws and regulations It is mporisibilily to address the allegations in a fair and impartial manner consistent with the regulatory requirements and OCR's Case Processing Manual. Enclosed with this letter is additional information about OCR's case processing procedures. rhe Dem-mime: Education's mini-on Is to promote and piepmiion [or global mmperirrvenees by roster-m eduaimlexceI/cnec and ensuring equal mess 2d gov Page 2 - OCR Reference No. 10162098 As part of its investigation, OCR is requesting information from the College. OCR is authorized to obtain information pursuant to 34 CFR OCR is entitled to access information that may otherwise be protected as private or con?dential as provided by 34 CFR and 99.3 As used below in the request for information from the college, the term ?sexual harassment? speci?cally includes, but is not limited to, sexual violence. ?Sexual violence,? as that term is used in this letter, refers to physical sexual acts perpetrated against a person?s will. The term also includes instances where a person is incapable of giving consent to sexual acts due to the victim?s use of drugs or alcohol, age, Or an intellectual or other disability. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion. As used below in the request for information from the college, the term ?complaint? refers very broadly to each complaint of sexual harassment, including sexual violence, that were received by the college and any instance when no complaint was ?led but the college had knowledge of sexual harassment or violence. - The term ?complaint? also includes, but is not limited to, the complaints of sexual harassment against the student in question. Please submit the following information by 'June 9, 2016: Policies and Procedures 1. A copy of all notice(s) of non-discrimination in the college. Indicate how the notice(s) is publicized and disseminated to students, employees, unions, applicants for admission and employment, and other relevant persons. 2. All policies within the college addressing sexual harassment against students and college employees, including applicable grievance policies. Please include an explanation of how the policies are publicized and disseminated to students and college employees. Please provide the name, title, and day time telephone number of the person(s) responsible for implementing these policies, if other than the Title IX Coordinator. - 3. All policies within the college addressing discrimination against Students and college employees based on race. 4. A copy of all Student Code(s) of Conduct for the college from August 2013 to the present. Please include information about how the Student Code(s) of Conduct were published and/or made available to the college community, for what time periods they were in effect, and to what population(s) within the college they apply. Title IX Coordinatorgsl 1. The name, title, e-mail address, and day time telephone number of the college?s Title IX Coordinator(s). Indicate the method(s) by which this contact information is publicized and Page 3 - OCR Reference No. 10162098 distributed to the college community. Please provide copies of all materials containing this information. . Description of training received by the Title IX Coordinator since August 2013 related to the investigating and remedying of sexual harassment complaints, including the titles and dates of any applicable training received. The name, title, e-mail address, and telephone number of entities or persons other than the Title IX Coordinator(s) who customarily receive reports of sexual harassment. This may include persons who provide counseling or advice, non-academic deans, leaders of student organizations, and campus security personnel. Please exPlain the college?s system for tracking information and reports of incidents of sexual harassment and/or violence including, but not limited to, the name and title of the person who maintains complaints, investigative materials, and ?ndings regarding these incidents. Title IX Complaints For each complaint that occurred during since August 2013 to date, please submit a list that identi?es each complaint and for each complaint on the list provide the following: 1. The case number assigned to the report or complaint by the college. The alleged Title IX violation included in the report or complaint. A copy of the incident report or complaint or, if no incident report or written complaint exists, a narrative description of the circumstance. The name and status of the complainant student, professor, visitor, etc.) or, if no complaint was ?led, the person who was the victim/survivor of the alleged sexual harassment. The name, race, and status student, professor, visitor, etc.) of the person(s) that was alleged to have engaged in sexual harassment (hereinafter The location where the alleged Sexual harassment occurred. Whether the complainant and respondent(s) and were members of a college intercollegiate athletic team, if known. The name and title of the person who initially received the complaint or notice of possible sexual harassment and the date of initial receipt. The names and titles of all others involved in the processing of the complaint or taking action related to the complaint. 10. If the complaint was not investigated: Page 4 - OCR Reference No. 10162098 a. a narrative explanation as to why no investigation took place; and b. the name and title of the person who made the determination not to investigate and the date of the determination. 11. If the complaint was investigated: the names and titles of all individuals involved in the investigation of the complaint; a description of the procedures (whether formal or informal) used to investigate the cemplaint and of all actions taken by the college; a timeline of the college?s completion of each step of the investigation; . a cepy of the college?s written ?ndings or resolution of each complaint, or a narrative description if no written document exists, including a description of any corrective action taken and sanctions imposed; a description of the method(s) verbally, letter, e-mail, etc.) by which the complainant and the resPondent were noti?ed of determinations at each stage of the investigation; f. the name and title of each person that made the determinations at each stage of the complaint processing; copies of any corrective action plans; - h. a COpy of any and all communications between the college and the complainant, including any counsel or representatives about the complaint; i. a copy of any and all communications between the college and the respondent, including any counsel or representatives, about the complaint, including any actions or requirements that *resulted from the complaint; and j. a copy of notes, correspondence, witness statements, police reports, and other similar documentation used in the investigation of the complaint. an 9-2? .0 Hearings A description of any and all hearings conducted from August 2013 to the present on complaints related to sexual harassment, including sexual violence, of any and all students including. Complaint Appeals From the beginning of the 2013~2014 academic year to the present, for complaints related to sexual harassment, including sexual violence, and any ?led by the student, please provide a list of the complaints that have been appealed and the following for each: 1. A copy of the written appeal and all materials submitted by each party (the complainant, the respondent or third parties) with the appeal or a narrative description if no written document exists. 2. The name and title of all persons involved in the processing of the appeal, with a description of the role played by each person. 3. A description of the procedures used to decide the appeal and an explanation of the outcome of the appeal. Page 5 - OCR Reference No. 10162098 4. A copy of all correspondence, notes, and documentation related to the appeal. Clegy Act Reports Please provide a list of all sex offenses reported under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Act) for 2015. Education and Trainings 1. All education and training materials provided to college employees, including student employees and employees who work in residence life or who investigate or adjudicate allegations of sexual harassment, on the college?s policies and procedures on sexual harassment, which includes sexual violence, including their responsibility to report possible sexual harassment, from August 2013 to the present. Please include: a list of training sessions given to college employees on sexual harassment; the name and quali?cations of the individuals who provided the training sessions; the speci?c tepics of the training sessions; the dates the training sessions were held; and a list of individuals who attended the training sessions. 2. A copy of all education and training materials provided to students on the college?s policies and procedures on sexual harassment and/or violence from August 2013 to the present. Please inaude: a. a list of training sessions given to college students on sexual harassment and/or violence; b. the name and quali?cations of the individuals who provided the training sessions; c. the speci?c topics of the training sessions; d. the dates the training sessions were held; and e. a list of individuals who attended the training sessions. 3. Please describe all other measures taken by the college to address and prevent sexual harassment and/or violence, including all outreach and educational efforts, and task forces. Student and Campus Climate Information Copies of all studies, reports, or student and employee surveys, including results, regarding incidents of sexual harassment andfor violence and/or whether a hostile environment has existed on the campus at the college from the beginning of 2013-2014 academic year to the present. Please also include the name of administrators and staff involved in implementing any recommendations within the studies or reports. Other Resources and Entities Please describe all resources available to address the health and safety of victims of sexual harassment and/or sexual violence counseling, escort services, academic support, student groups, campus organizations, rape crisis centers etc.). For each resource, please provide: Page 6 - OCR Reference No. 10162098 a. contact information; and b. a notation as to whether or not any listed resource maintains con?dentiality. Campus Safety Law Enforcement 1. The name, title, and contact information of any campus safety or law enforcement personnel who customarin receive and investigate reports of sexual violence. 2. PleaSe explain how the college coordinates its Title IX enforcement with local law enforcement with respect to the investigation of sexual harassment and/or violence and include a copy of any agreements or Memoranda of Understanding between the college and any local police departments- For all such incidents: a. describe the actions taken by the college when the incident was pending with a local law enforcement agency; b. provide the names and contact information for the staff reSponsible for contacting the local law enforcement agencies or rape crisis centers when such a complaint was ?led with the college; and c. the name and contact information for the college staff member(s) who is the liaison to local law enforcement for cases of sexual harassment/violence. Speci?c to the Student 1. A jopy of all curre3pondence, records, memoranda, notes, meeting minutes, or other writings, written and electronic, during the 2015-2016 academic year to the present, between and among college staff concerning allegations or complaints against the student, including but not limited to domestic violence, stalking, assault, sexual coercion, and sexual violence. 2. If not already provided, a copy of all documents related to the college?s response to all reports or complaints of sexual harassment ?led against the student during the 2015-2016 academic year. Please include: - a. A copy of the complaint or incident report. b. A cepy of the complete investigative ?le, including copies of all documentation such as correspondence, records, memoranda, notes, or other writings related to the college?s investigation. 0. A copy of any resolution or ?ndings regarding the complaint, including a description of any corrective action the college took in re3ponse to the complaint and any supporting documentation such as discipline records, criminal records, memoranda, correSpondence, or other documents that discuss or relate to the corrective action. - d. The names and titles of the college staff members who handled the complaint, along with a description of each individual?s role in the process. e. A cepy and/or description of all communications between the college and the student; between ?the college and the individuals whose actions were at issue in the complaint; and between the college and any other related parties regarding this complaint. Please include a copy and/or description of any follow-up cominunications between the college and these parties. Page 7 - OCR Reference No. 10162098 Other Information Any and all other information the college believes would be helpful in understanding the college?s response(s) to allegations of sexual harassment and/or the allegations in this complaint. Please provide an index of the documents you submit by identifying the corresponding item in the data response by heading and number, e. ?Policies and Procedures: 2? and the reSponsive items submitted. To the extent that any responsive documents or information are published on the college?s publicly- accessible web site, the response item may consist of the exact web address where the relevant information is located; To the extent that any requested documents or information are available in electronic format, please provide them electronically on a compact disc (CD). If the college is unable to provide electronic documents on a CD, please contact me to discuss other arrangements for provision of the documents. For paper submissions, on the back page of each paper, please paginate each document with ascending numbers in the lower right hand corner of the page. In addition, to the extent possible, please refrain from using staples when submitting paper copies or documents to OCR. Thank you for your cooperation in this matter. In addition to the information requested above, OCR may need to request additional information and interview pertinent personnel. During the course of this investigation, we plan to cenduct one or more mutually convenient on-site visits. OCR is committed to resolving complaints as as possible. I will contact you or your designated representative soon to discuss the allegations and the complaint resolution process. - If you have any questions, please contact me by telephone at (206) 607-1620, or by e-mail at caitlin.burks@ed. gov. Sincerely, millimeter/a Caitlin Burks Attorney Enclosure YATES DEPARTMENT OF EDUCAI ION mt;an FOR Rit'il ITS ,n asta \\trlil( . 13m om. ltAvrti7+I099 muAll lmllo May 19: 2016 'tlm \ottrru Mime Re: Edmonds Community College OCR Reference No. l0162098 'Ihis is to notify you thal the us, Department ofEducation, office for Civil Rights (OCR) has completed its evaluation of the complaint you filed against Edmonds Community College (college). ln the complaint, you allege that the college discriminated against you, on the basis ofsex, when it failed to provide you with a prompt and equitable grievance process after two students filed complaints vvith the college accusing you ofsexual harassment, including a complaint ofsexual violence, You also allege that that the college discriminated against you, on the basis of race and national orig' hen it treated you differently than other white American students during its investigation and eipline ofyou for engaging in sexual harassment, including sexual violence. OCR is responsible for enforcing title IX ofthe Education Amendments of1972 and title VI ofthe Civil Rights Act of 1964. and their implementing regulations. Title IX prohibits sex discrimination in programs and activities receiving federal financial assistance from the U.S. Department of Education. Title VI prohibits race, color, and national origin discrimination in programs and activities receiving federal financial assistance from the U.S. Department of Education. The college receives federal financial assistance from this Department and is, therefore. required to comply with Title IX and Title VI, OCR has accepted this complaint because the allegations raise a possible violation of Title lx and Title v1. OCR's acceptance ofthe allegations does not reflect an opinion by OCR regarding the merits ofthe allegations or the college's compliance status with respect to federal civil rights laws. Complaint allegations may be resolved ill a variety of ways, including: - a voluntary written agreement in which the college agrees to take remedial actions that OCR determines fully resolve the allegation consistent with applicable legal standards; or - an investigation by OCR. resulting in findings and a determination as to whether the college is in compliance with the applicable legal standards and, in the event non-compliance is found, a written agreement between OCR and the college in which the college commits to take specific steps to comply with applicable laws and regulations, It is OCR's responsibility to address the allegations in a fair and impartial manner consistent with the regulatory requirements and OCR's Cute Processing Manual. the Department mission is Irv one>> fostering taut-nuptial mt l- and ensuring remnant-st run to oil gov Page 2 OCR Reference No. 10162098 OCR is committed to resolving complaints as as possible. OCR will be contacting the college to discuss the allegations. If you have any questions, please contact me by telephone at (206) 607-1620, or by e?mail at caitlin.burks@ed.gov. Sincerely, 41? Caitlin Burks Attorney