UNITED STATES DEPARTMENT OF EDUCATION RI-ZUION vl OFFICE FOR l?v'l RIGHTS ARKANSAS LOUISIANA 1999 BRYAN ST, SUITE 1620 Missesnn?l DALLAS. TX 75201-6310 Texas April 21. 2016 Ref: OCR Case Nos: 06152349 06152416 06152417 Dr. Joseph E. Steinmetz, Chancellor The University of Arkansas-Fayetteville 1 University of Arkansas Fayetteville, AR 72701 Dear Dr. Steinmetz: On June 15, and August 3, 2015, the US. Department of Education (Department), Office for Civil Rights (OCR), received the above-referenced complaints against the University ot?Arkansas-Fayetteville, Fayetteville, Arkansas (the University or UOA). In OCR Case No. 06152349, the complainant alleged that the University discriminated against him on the basis of sex by failing to nromotlv and euuitablv resnond to: 1) his complaint that he was sexually harassed from ?it and 2) the sexual harassment complaint ?led against him by a female student on or about In OCR Case No. 06152416, the complainant alleged that the University discriminated against her on the basis of sex by failing to and equitably respond to her complaint made inthat she was sexually assaulted. In OCR Case No. 06152417, the complainant alleged that the University discriminated against her on the basis of sex by failing to and equitably respond to the complaint she made ithat she was sexually assaulted. OCR enforces Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681, and its implementing regulation, 34 CPR. Part 106, which prohibit discrimination on the basis of sex in any education program or activity operated by a recipient of Federal ?nancial assistance. Title IX also prohibits retaliation. The University is a recipient of Federal ?nancial assistance from the Department. Therefore, OCR has jurisdiction to investigate these complaints under Title IX. Because OCR has determined that it has jurisdiction and that the complaints were ?led timely, it is opening the following issues for investigation: 1. Whether the University provided prompt and equitable responses to complaints, reports, andtor incidents of sexual harassment or sexual violence, of which it had notice (knew about or should have known about), The Department ofEdm mission is" to student adult-Ivamt?nt and ram arattun ti 11' gtubat tulip: Intel's by Restoring educational] tu'ti'ttomv and ensuring aqua ant-sis. ww wettgov Page 2 Dr. Steinmetz, Chancellor as required by the Title IX implementing regulation at 34 CPR. ??106.8, 106-9 and 106.31. 2. Whether any failure by the University to provide a prompt and equitable response allowed any students to be subjected to a sexually hostile environment that denied or limited the students? ability to participate in or bene?t from the University?s programs, in violation of the Title IX implementing regulation at 34 C.F.R. 106.8 and 106.31. Please note that opening these allegations for investigation in no way implies that OCR has made a determination with regard to their 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 allegations, in accordance with the provisions of Article of the Case Processing Manual. Section 100.6{c) of Title 34 of the Code of Federal Regulations stipulates that each recipient of Federal ?nancial assistance shall permit access to pertinent sources of information to reSponsible Department of?cials or designees. Pursuant to 34 CPR. 100.6(c) and 34 CPR. of the regulation implementing the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, OCR may review personally identi?able records without regard to considerations of privacy or con?dentiality. Below is an initial data request, which is required in assisting our efforts to ascertain compliance with the regulations enforced by OCR. Please provide the requested information to OCR within 15 calendar days of the date of this letter. This request may be supplemented through interviews with University personnel or any witnesses who may have knowledge of the issue, and if necessary, additional data requests for the University as the complaint investigation progresses. After reviewing this information or any additional information, OCR will determine whether an on?site investigation is warranted. If so, you will be contacted to arrange a mutually convenient date. Complaints may be resolved before the conclusion of an investigation if the institution that is the subject of the complaint (recipient) expresses an interest in resolving the complaint. This process is voluntary and must be requested by the recipient. The Of?ce Director or designee must determine that it is appropriate to resolve the complaint during the course of an investigation. If the voluntary resolution process has been determined appropriate, OCR will immediately notify the complainant of the recipient?s interest in resolving the complaint and will keep the complainant informed throughout all stages of this resolution process. The resolution agreement is negotiated between OCR and the recipient. The provisions of the resolution agreement will be aligned with the complaint allegations or the information obtained during the investigation, and will be consistent with applicable regulations, and a copy of the signed resolution agreement will be included with the resolution letter. OCR will then monitor the implementation of the resolution agreement. Page 3 -- Dr. Steinmetz. Chancellor 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, you may ?le another complaint alleging such treatment. Under the Freedom of Information Act, 5 U.S.C. 552, it may be necessary to release this document and related correspondence and records upon request. In the event that OCR receives such a request, we will seek to protect, to the extent provided by law, personally identi?able information, which, if released, could reasonably be, expected to constitute an unwarranted invasion of personal privacy. Please notify OCR of the name, address, and telephone number of the person who will serve as the University?s contact person during the resolution of this complaint. We would like to talk with this person as soon as possible regarding the information requested in this letter. In addition, OCR may need to request additional information and interview pertinent personnel. Ifan on-site visit is determined to be necessary, you will be contacted to schedule a mutually convenient time for the visit. If you have any questions regarding this letter, please contact Rey de la Garza, Attorney at (214) 661-9609 or or me at (214) 661-9600 or Sincerely, (130(6) Terri Gonzales Supervisory Attorney/Team Leader Of?ce for Civil Rights Dallas Of?ce Page 4 Dr. Steinmet; Chancellor DATA REQUEST University of Arkansas- Fayetteville (UOA) OCR Reference Numbers: 06-15-2349, 06-15-2416. 06-15-2241? To facilitate the resolution of the above-referenced complaint, it is requested that the UOA rovidc OCR with the following information andfor documentation for th b?i I cademic years within ?fteen (15) calendar days of the date of the attached letter. my a - Itiona data responsive to the numbered items below thru the end of the Spring 2016 semester can be submitted to OCR at a future date in early June, upon consultation with OCR. Please note that in this request, the term ?correspondence? includes, but is not limited to, e-mail messages, meeting notes, interviews, 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 usual practice. *Although not required, it would be helpful if the data response was numbered in the lower right- hand corner 001, 002) to ensure staff from OCR and the UOA are looking at the same page during any future discussions about this data response. Unless otherwise stated, this data request only covers the University of Arkansas? ayetteville campus and not any of the other campuses within the UOA system. he; h7C Page 5 - Dr. Steinmetz, Chancellor La) b6; hm; b7?: Page 6 Dr. Steinmetz Chancellor b6; WC IO. ll. 12. 13. 14. Page Dr. Steinmetz Chancellor 15. b6; b7C Page 8 Dr. Steinmetz, Chancellor b6; MC 18. 19. 21. 22. Page 9 Dr. Steinmetz, Chancellor b6; hm; Wt: 24. 25. Any other information the UOA believes would be helpful in resoiving this matter. UNITED STATES DEPARTMENT OF EDUCATION Itt-rnon v1 OFFICE FOR WI L. RIGHTS anxieties?; 1999 BRYAN SI. SUITE 162D MISSISSIPPI DALLAS. 73201-6810 Tt'xas April 21, 2016 Ref: 06152416 b6;b?A;b?C b6;b?A;b?C Dear On the U.S. Department of Education (Department), Of?ce for Civil Rights (OCR), received the complaint you ?led against the University of Arkansas- Fayetteville, Arkansas (the University or UOA). You alleged that the University discriminated against you on the basis of sex failing to and equitably reapond to your complaint you made in that you were sexually assaulted. Hereina?er, you may be referred to as ?the Student.? OCR is responsible for determining whether entities that receive or bene?t from Federal ?nancial assistance from the Department (recipients), or an agency that has delegated investigative authority to this Department, are in compliance with Title IX of the Education Amendments of 197'2 (?Title 20 U.S.C. 1681 e! seq, and its implementing regulation at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex. The University is a recipient of Federal ?nancial assistance from the Department. Therefore, OCR has jurisdiction to investigate this complaint under Title IX. Because OCR has determined that it has jurisdiction and that the complaint was filed timely, it is opening the following issues for investigation: 1. Whether the University provided prompt and equitable responses to complaints, reports, and/or incidents of sexual harassment or sexual violence, of which it had notice (knew about or should have known about), as required by the Title IX implementing regulation at 34 C.F.R- ??106.8, 106.9 and 106.31. 2. Whether any failure by the University to provide a prompt and equitable response allowed the Student, or other students, to be subjected to a sexually hostile environment that denied or limited the Student or students? ability to participate in or bene?t from the University?s programs, in violation of the Title IX implementing regulation at 34 C.F.R 106.8 and 106.31. For your information, a copy of the relevant regulation (Title 34 of the Code of Federal Regulations Part 106) is available upon request. The Drparunwtt of'Edurah?un ?5 mission is t: I pronmro student arftinwvnem and pay-errant?: by flush-ring edumurmal uxmllem and ensuring aqua 't Page 2 b7A; DFC I 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 suf?cient and is diapositive of the allegations, in accordance with the provisions of Article of the Case Processing Manual. 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, you may ?le another complaint alleging such treatment. Under the Freedom of Information Act, 5 U.S.C. 552, it may be necessary to release this document and related correspondence and records upon request. In the event that OCR receives such a request, we will seek to protect, to the extent provided by law, personally identi?able information, which, if released, could reasonably be, expected to constitute an unwarranted invasion of personal privacy. If you have any questions regarding this letter, please contact Rey de la Garza, Attorney at {214) 661-9609 or at or me at (214) 661-9687 or Sincerely, (130(5) Terri Gonzales Supervisory Attorneyfl'earn Leader Office for Civil Rights Dallas Office Ul\' STATES DEPARTMENT OF EDUCATION REGION vi OFFICE FOR CIVIL RIGHTS LOUISIANA 1999 BRYAN ST., SUITE 1620 Mississu?t?i DALLAS. TX 75201?6810 TEXAS April 21, 2016 Ref: 06152417 b6; WC Dear 0n the U.S. Department of Education (Department), Of?ce for Civil Rights (OCR), received the complaint you ?led against the University of Arkansas~ Fayetteville, Arkansas (the University or UOA). You alleged that the University discriminated against you on the basis of sex failing to and equitably respond to the complaint you made inthat you were sexually assaulted. Hereinafter, you may be referred to as ?the Student.? OCR is responsible for determining whether entities that receive or bene?t from Federal ?nancial assistance from the Department (recipients), or an agency that has delegated investigative authority to this Department, are in compliance with Title IX of the Education Amendments of 1972 (?Title 20 U.S.C. 1681 et seq. and its implementing regulation at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex. The University is a recipient of Federal ?nancial assistance from the Department. Therefore, OCR has jurisdiction to investigate this complaint under Title IX. Because OCR has determined that it has jurisdiction and that the complaint was ?led timely, it is opening the following issues for investigation: 1. Whether the University provided prompt and equitable responses to complaints, reports, andfor incidents of sexual harassment or sexual violence, of which it had notice (knew about or should have known about), as required by the Title IX implementing regulation at 34 CPR. 106.8, 106.9 and 106.31. 2. Whether any failure by the University to provide a prompt and equitable response allowed the Student, or other students, to be subjected to a sexually hostile environment that denied or limited the Student or students? ability to participate in or bene?t from the University?s programs, in violation of the Title IX implementing regulation at 34 C.F.R. 106.8 and 106.31. For your information, a copy of the relevant regulation (Title 34 of the Code of Federal Regulations Part 106) is available upon request. The apartment of Eda: Mimi's mission is to .?r'iUdt'?l at?hft'wmenl and pm 'iratr'on firrgi'obai mrrifxlt?m'w'nms by mastering educations! extv?om?r? and ensuring aqua at 155. . go 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-fi 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. Please be advised that the University may not harass, coerce, intimidate, or discriminate against any individual because he or she has filed a complaint or participated in the complaint resolution process. If this happens, you may file another complaint alleging such treatment. Under the Freedom of Information Act, 5 U.S.C. 552, it may be necessary to release this document and related concepondence and records upon request. In the event that OCR receives such a request, we will seek to protect, to the extent provided by law, personally identi?able information, which, if released, could reasonably be, expected to constitute an unwarranted invasion of personal privacy. If you have any questions regarding this letter, please contact Rey de la Garza, Attomey at (214) 661-9609 or at RcheLaGarzaKEiiednov, or me at (214) 661-9687 or Sincerely, (W5) Terri Gonzales Supervisory Attorneyfl" earn Leader Of?ce for Civil Rights Dallas Of?ce