UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR RIGHTS 32 ecu 25*? FLOOR new vortx. new vonx tacos C. J. emperor: new YORK OFFICE April2l,2016 Paul R. Brown President ivlonmouth Universin 400 Cedar Avenue West Long Branch. New Jersey 07764 Re: Case No. 02-16-2159 Monmouth University Dear President Brown: On March 4, 2016, the U.S. Department of Education, New York Of?ce for Civil Rights (OCR) received the above?referenced complaint ?led against Monmouth Universit . The complainant alleged that the University discriminated against on the basis of sex failing to respond appropriately to a complaint of sexual assaultmade in may (We) and as a result,as subjected to a sexually hostile environment. OCR determined that this allegation is appropriate for investigation. Additionally, OCR will investigate whether the University failed to and equitably reSpond to complaints, reports and/or incidents of sexual assaultt'violence of which it had notice; and, as a result, other students were subjected to a sexually hostile environment. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 U.S.C. 1681 et seg., and its implementing regulation at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in programs and activities receiving ?nancial assistance from the US. Department of Education (the Department). The University is a recipient of ?nancial assistance from the Department. Therefore, OCR has jurisdictional authority to investigate this complaint under Title IX. Because OCR has determined that it has jurisdiction and that the complaint was filed in a timely manner, it is opening the allegation for investigation. Please note that opening the 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-?nder, 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 allegation, in accordance with the provisions of Article of Case Processing Manual. the {Department ry'Edut-atten ta to promote student contaminant by adttenttonnt dXtte?tm?n and annurtng antral accent. Page 2 of 7 Paul R. Bron-n. President Enclosed is a document entitled Complaint Processing Procedures.? This document will provide you with an overview of complaint evaluation, investigation, and resolution process. OCR will collect only material needed to investigate this complaint and will take all proper precautions to protect the identity of any individuals named in documents. To facilitate efforts to investigate this complaint, OCR requests that, within twenty (20) days of the date of this letter, you provide to OCR the information listed on the enclosed data request. If OCR does not receive the data in a timely manner, OCR may conduct a site visit to obtain the data. The regulation implementing Title VI of the Civil Rights Act of 1964, 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 necessary for it to determine whether a recipient is in compliance with the regulations it enforces. This requirement is incorporated by reference in the regulation implementing Title IX, at 34 CPR. 106.?1. This information also is being requested pursuant to 34 C.F.R. 99.3 goal is the prompt and appropriate resolution of the allegations contained in a complaint. OCR offers, when appropriate, an Early Complaint Resolution (ECR) process, similar to mediation, to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegation(s). Some information about the ECR process is in the enclosure to this letter entitled, Complaint Processing Procedures," and on website at Also, when appropriate, a complaint may be resolved before the conclusion of an investigation after the recipient expresses an interest to OCR to resolve the complaint. In such cases, OCR obtains a resolution agreement signed by the recipient. This agreement must be aligned with the complaint allegations or the information obtained during the investigation, and it must be consistent with applicable regulations. Additional information about this voluntary resolution process may be found in the enclosme entitled, Complaint Processing Procedures," and on OCR's website at Please be advised that the University may not harass, coerce, intimidate, or discriminate against any individual because he or she has ?led a complaint or participated in the complaint resolution process. If this happens, the complainant may ?le another complaint alleging such treatment. Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request- In the event that OCR receives such a request, it will seek to protect, to the extent provided by law, personally identifiable information that, if released, could reasonably be expected to constitute an unwarranted invasion of personal privacy. Page 3 of?' Paul R. Brown. President OCR staff will contact you to discuss the allegation and the complaint resolution process. If you have any questions, please contact Marykate O?Neil, Compliance Team Attorney, at (646) 428- 38l4 or or Ebon? Woods, Compliance Team Attorney, at (646) 428- 3898 or Sincerely, (W5) Emily Frangos Compliance Team Leader Encl. Page 4 of? Paul R. Brown. President Data Reguest OCR Case No. 02-16-2159 (blli?ci' {the complainant) RESPONSE DUE: mm?) 1mm.? o: I z. 3.552: E:ng Pagc 6 of 3? Paul R. Brown. President Page 7' of? Paul R. Brmx'n. President UNETED STATES DEPARTMENT OF OFFICE FOR CIVIL 32 om sue. zs'" FLOUR new new YORK watts TIMOTHY C. J. BLANCHARD DIRECTOR NEW YORK OFFICE April 21,2016 Re: Case No. 02-16-2159 Monmouth Universitv Dear thtEJ: (more) On March 4, 2016, the US. Department of Education, New York Of?ce for Civil Rights (OCR) received the above-referenced complaint you filed against Monmouth University. You alleged that the University discriminated against you, on the basis of Four sex, by failing to respond appropriately to a complaint of sexual assault you made in (mm: mimic) and as a result, ou were subiected to a sexually hostile environment (Allegation 1). You also alleged that the against you for complaining to the University about the alleged sexual assault, 2). You further alleged that the University retaliated a rainstl another student (student 1) forl ,Bil?lladvocacy regarding the alleged sexual assault, m6): (Ulla): (bllilcl 3).1 You also alleged that the University violated the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act) (Allegation 4). Based on information provided in your complaint, and during a telephone call with OCR staff on April 7, 2016, OCR determined that Allegation is appropriate for investigation. However, OCR determined that Allegations 2?4 are not appropriate for investigation for the reaSOns set forth below. (bll?l; (till? With respect to Allegation 2, you alleged that the University?s (C) retaliated against you for complaining to the University about the alleged sexual assault, by Wltl?l l0 retaliated arainst student I for Allegation 3, you alleged that the Universit regarding the alleged sexual assault, by You clari?ed that these are the retaliation allegations you intended to raise in your complaint during a telephone call with OCR staffon April 7. 2016. The Department tr ta promote by ?re?neries and smut-tag squat tracers. Page OCR that these allegatlons are not timely ?led with OCR. OCR requires that complaints be filed with OCR within 180 days of the alleged aet(s} of discrimination or retaliation. unless the time for ?ling is extended by this of?ce. The information you provided indicates that the acts you complained of with respect to Allegations 2 and 3 occurred on or about (mm mm] which is more than ISO days from the filing of your complaint with OCR on March 4, 2016. You requested a waiver of the timeliness requirement and advised OCR that you did not ?le Allegations 2 and 3 with OCR at an earlier date because you did not understand your rights with respect to Title IX of the Education Amendments of 1972 (Title IX), or that you could file a complaint with OCR, until you saw a documentary on CNN. OCR determined that the circumstances you described do not warrant a waiver of the timeliness requirement. Consequently, your request for a waiver is denied. Accordingly, OCR will take no further action with respect to Allegations 2 and 3. and has dismissed these allegations as of the date of this letter. With respect to Allegation 4. you alleged that the University violated the Clery Act. Specifically, you alleged that the University ?underreport[s] its campus crime statistics,? in violation of Clery Act requirements. OCR enforces federal laws that prohibit discrimination on the bases of race, color, national origin, disability, sex and age. OCR also is responsible for enforcing the Boy Scouts ofAmerica Equal Access Act. OCR does not enforce the Clery Act. Therefore, your allegation that the University violated the Clery Act fails to state a violation of any of the laws OCR enforces. Accordingly, OCR will take no further action with respect to Allegation 4, and has dismissed it as of the date of this letter. If you wish to ?le a complaint regarding a violation of the Clery Act. you may do so by writing to the following address: US. Department of Education lery Act Compliance Team The Wanamaker Building 100 Penn Square East. 51 1 Philadelphia. 19107 The electronic mail address for the Clery Act Compliance Team is Cleeromplaintsf??cdeov. As stated above, OCR will investigate Allegation 1. OCR is responsible for enforcing Title IX, as amended, 20 U.S.C. 168l et seq, and its implementing regulation at 34 CPR. Part l06, which prohibit discrimination on the basis of sex in programs and activities receiving financial assistance from the US. Department of Education (the Department). The University is a recipient of tinancial assistance from the Department. Therefore, OCR hasjurisdietional authority to investigate this complaint under Title IX. Page 3 of4? Because OCR has determined that it has jurisdiction and that Allegation 1 was filed in a timely manner, it is Opening Allegation [or investigation Please note that opening the allegation for investigation in no way implies that OCR has made a determination with regard to its merits. During the investigation. OCR is a neutral fact-tinder, 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 allegation, in accordance with the provisions ofArticle of OCR's Case Processing Manual. goal is the prompt and appropriate resolution ofthc allegations contained in a complaint. OCR offers. when appropriate. an Early Complaint Resolution (ECR) process, similar to mediation. to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegati0n(s). Some information about the ECR process is contained in the publication, Complaint Processing Procedures," which was enclosed with previous letter to you acknowledging your complaint. This information is also on website at Also, when appropriate, a complaint may be resolved before the conclusion of an investigation after the recipient expresses an interest to OCR to resolve the complaint. In such cases, OCR obtains a resolution agreement signed by the recipient. This agreement must be aligned with the complaint allegations or the information obtained during the investigation, and it must be consistent with applicable regulations. Additional information about this voluntary resolution process may be found in the publication, Complaint Processing Procedures,? which was enclosed with previous letter to you acknowledging your complaint. This information is also on OCR's website at This letter sets forth determination in an individual OCR case. This letter is not a formal statement of OCR policy and should not be relied upon, cited, or construed as such. OCR's formal policy statements are approved by a duly authorized OCR of?cial and made available to the public. You may have the right to file a private suit in federal court whether or not OCR finds a violation. Please be advised that the University may not harass, coerce, intimidate, or discriminate against any individual because he or she has tiled a complaint or participated in the complaint resolution process. If this happens, you may file another complaint alleging such treatment. Under the Freedom of In formation Act, it may be necessary to release this document and related correspondence and records upon request. In the event that OCR receives such a request, it will seek to protect, to the extent provided by law, personally identifiable information that, if released. could reasonably be expected to constitute an unwarranted invasion of personal prIvacy. Page4 of4? OCR will communicate with you periodically regarding the status of Allegation 1. In the interim, if you have any questions please contact Marykate O?Neil. Compliance Team Attorney, at (646) 428-3814 or or Ebone? Woods, Compliance Team Attorney, at 898 or ehone.woods?i?tetlmw. Sincerely, (W5) . Emily Frangos Compliance Team Leader