UNITED STATES DEPARTMENT OF EDUCATION REGION OFFICE FOR CIVIL RIGHTS ALASKA AMENCAN same>> 915 mu AVE suns 33m cum WA 9817mm HAWAII May 19, 2015 MONYANA NEVADA . . . . MARIANA Vi; .S. Ma ad E-Mail vnix@dawgn.edut ISLANDS macaw . . Mr. J. Vincent Nix Presidentfi Dawson Community College 300 College Drive Glendive. Montana 59330 Re: Dawson Communig College OCR Reference No. 10162082 Dear Mr. Nix: This letter is to notify you that the U.S. Department of Education, Office for Civil Rights (OCR) received a complaint against Dawson Communit Colle (college). The complaint alleges that the college discriminated and retaliated against (hereinafter, the student), on the basis of sex. Specifically, the complaint alleged the following: 1, the college discriminated against the student, on the basis of sex, when it failed to provide the student with an equitable grievance process with regards to a oomplaint of sexual harassment (violence) filed against him; and Z. the college retaliated against the student when, atter he questioned the college's Title IX investigative process, an administrator gave him only until the next day to submit materials, despite previously communicating that the student would have sufficient time to gather witnesses and evidence. OCR enforces title IX of the Education Amendments of 1972 and its implementing regulations. Title IX prohibits sex discrimination in programs and activities receiving federal financial assistance from the U.S. Department of Education. The implementing regulations also prohibit retaliation by intimidation threats, coercion, or discrimination against any person for the purpose of interfering with any right or privilege secured by Title IX. The college is a recipient or federal financial assistance from this Department and is, therefore, iequired to comply with Title 1x OCR has accepted this complaint because the allegations misc possible violations of Title IX. 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 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 airman is mpmnale smaenlunieuemenl mr globalmmpefm'verless by loitering educational cxtellellee and ensuring equal arch edgth Page 2 - OCR Reference No. 10162082 0 an investigation by OCR, resulting in ?ndings 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 speci?c steps to comply with applicable laws and regulations. It is responsibility to address the allegations in a fair and impartial manner consistent with the regulatory requirements and Case Processing Manual. Enclosed with this letter is additional informath about case processing procedures. 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 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 complaint of sexual harassment against the student in question. Please submit the following information by June 10, 2016: Policies and Procedures 1. A cepy 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. 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. Page 3 - OCR Reference No. 10162082 Title IX Coordinatorgs] 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 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 andlor 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. 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 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. If the complaint was not investigated: Page 4 - OCR Reference No. 10162082 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. 9. If the complaint was investigated: a. the names and titles of all individuals involved in the investigation of the complaint; b. a description of the procedures (whether formal or informal) used to investigate the complaint and of all actions taken by the college; a timeline'of the college?s completion of each step of the investigation; d. a copy 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; e. 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; g. 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 cepy 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. Hearings A description of any and all hearings conducted from August 2013 to the present on complaints related to sexualliarassment, 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. 10162082 4. A copy of all correspondence, notes, and documentation related to the appeal. Clea 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 topics of the training sessions; the dates the training sessions were held; and a list of individuals who attended the training sessions. sup?99?s 2. A copy of all education and training materials provided to students on the coilege?s policies and procedures on sexual harassment and/or violence from August 2013 to the present. Please include: a list of training sessions given to college students on sexual harassment and/or violence; the name and quali?cations of the individuals who provided the training sessions; the speci?ctopics of the training sessions; the dates the training sessions were held; and list of individuals who attended the training sessions. 9999?!? 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 and/or violence and/or whether a hostile environment has existed on the campus at the college from the beginning of 20] 3-2014 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. 10162082 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 customarily receive and investigate reports of sexual violence. 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. Specific to the Student 1. A copy of all correspondence, 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. If not already provided, a cepy 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. I b. A copy 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 response 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 copy 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 communications between the college and these parties. Page 7 - OCR Reference No. 10162082 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, ?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 exfEnt that any requested documents or information are available in electronic format, please provide them electronically on a compact disc (CD). For security reasons, OCR is unable to accept documents or information on USB or ?jump? drives. 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 may conduct 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) 607-1633, or by e-mail at shirley.oliver@ed. gov; or you may contact Amy Klosterman, Attorney, at (206) 607-1622, or by e-mail at amy.klosterman@ed.gov. Sincerely, QC (5243 Shirley Oliver Senior Equal Opportunity Specialist Enclosure UNITED STATES DEPARTMENT OF EDUCATION urctonx OFFICE FOR ALASKA 915 ENDAVE SUITF 1310 GUAM WA 98174-1099 more May 19, 2016 MONTANA I I I hommrw urnunr Via U.S. Mall and ErMall aus94 alivecorn YSLANDE 7 OREGON WASHWCAON Re: Dawson Communig College OCR Reference No 10162082 Dear-- This is to notify you that the us. Department orEdueation, office for Crvil Rights (OCR) has completed its evaluation of the complaint you filed against Dawson Community College (college). The complaint alleges that the college discriminated and retaliated against you (hereinaflcr, the student), on the basis of sex. Specifically, the complaint alleged the following: 1' the college discriminated against the student, on the basis or sex, when it failed to provide the student with an equitable grievance process wilh regards to a complaint or sexual harassment (violence) filed against him; and the college retaliated against the student when after he questioned the college's Tille lX invesligative process, an administrator gave him only until the next day to submit materials, despite previously communicating that the student would have sufficient time to gather witnesses and evidence. OCR has the authority to enforce Title IX of the Education Amendments of 1972 and its implementing regulations Title IX prohibits sex discrimination in programs and activities receiving federal financial assistance from the U, Department of Education The implementing regulations also prohibit retaliation by intimidation, threats, coercion, or discrimination against any person for the purpose of interrering with any right or privilege secured by Title IX. The college is a recipient of federal financial assistance from this Department and is, therefore, required to comply with Title IX. OCR has accepted this complaint because the allegations raise possible violations of Title IX. 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: 0 zuoluntary written agreement in which the college agrees to take remedial actions that OCR determines fully resolve the allegations consistent with applicable legal smndards; or 11>> is to promote student athlevementam! pm ration toqu roruperihveness by restoring educations: excellence and ensuring aqua mesa gov Page 2 - OCR Reference No. 10162082 0 an investigation by OCR, resulting in ?ndings 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 speci?c steps to comply with applicable laws and regulations. It is responsibility to address the allegations in a fair and impartial manner consistent with the regulatory requirements and Case Processing Manual. 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) 607-1633, or by e-mail at shirley.oliver@ed.gov. Sincerely, Shirley Oliver Senior Equal Opportunity Specialist