UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 50 BEALE ST., SUITE 7200 REGION IX SAN FRANCISCO, CA 94105 CALIFORNIA A U6 0 6 201 5 (In reply, please refer to ti 09-15-2421.) Dear . . . - 0mg) 2015, the U.S. De artment of Education, Of?ce for Rights (OCR), received your complaint on behalf 0 (Student) against the University of San Diego (University). You alleged that subjected the Student to sexual assault, and the University failed to provide the Student a prompt and equitable response. OCR enforces Title IX of the Education Amendments of 1972 and its implementing regulation at 34 C.F.R. Part 106 which prohibit discrimination on the basis of sex in programs and activities operated by recipients of Federal financial assistance. The University receives funds from the Department and is subject to the above laws and their regulations as enforced by OCR. We have determined that the following allegations are appropriate for investigation under the laws enforced by OCR: 1. The University failed to provide the Student with a prompt and equitable resolution of her complaint of sexual assault; 2. The University failed to and equitably respond to sexual violence complaints, reports and/or other incidents of which it had notice; and - 3. The University?s failure to provide a prompt and equitable response to notice of sexual violence alloWs students to be subjected to a hostile environment on the basis of sex. OCR is now beginning the complaint resolution process. Because OCR has determined that it has jurisdiction and that the complaint was filed timely or quali?ed for a waiver of the timeliness requirement, it is opening these allegations for investigation. Please note that opening the allegation(s) for investigation in no way implies that The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. Page 2 - (09-15-2421) 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 sufficient and is dispositive of the allegations, in accordance with the provisions of Article of the Case Processing Manual. We will contact you or your designated representative soon to discuss the allegations and complaint resolution process. OCR may close this complaint prior to making formal ?ndings of compliance or non?compliance, provided that the circumstances or information gathered establishes an administrative or other basis for resolution in accordance with the Case Processing Manual. Federal regulations prohibit the Recipient from retaliating against you or from intimidating, threatening, coercing, or harassing you or anyone else because you filed a complaint with OCR or because you or anyone else take part in the complaint resolution process. Contact OCR if you believe such actions occur. Under the Freedom of Information Act, it may be necessary to release this document and related records upon request. In the event that OCR receives such a request, it will seek to protect, to the extent provided by law, personal information that, if released, could reasonably be expected to constitute an unwarranted invasion of privacy. If you have any questions about this letter, please contact OCR Attorneys Laura Welp at (415) 486-5577 or laura.welp@ed.gov. or Naghmeh Ordikhani at (415) 486-5588 or naghmeh.ordikhani@ed.gov. - Sincerely, ?r Charles R. Love Program Manager UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 50 BEALE SUITE 7200 REGION [x SAN FRANCISCO, CA 94105 CALIFORNIA AUG 0 6 20 5 Mary E. Lyons, President University of San Diego 5998 Alcala Park San Diego, California 92110-2492 (In reply, please refer to case no. 09-15-2421.) Response required by August 31, 2015. Dear President Lyons: On 2015, the US. Department of Education, Office for Civil Rights (OCR), received complaint against the University of San Diego (University). The complaint alleged the following: 1. The failed to provrde (the Student) With a prompt and equitable resolution of her complaint of sexual assault; 2. The University failed to and equitably respond to sexual violence complaints, reports and/or other incidents of which it had notice; and 3. The University?s failure to provide a prompt and equitable response to notice of sexual violence allows students to be subjected to a hostile environment on the basis of sex. OCR enforces Title IX of the Education Amendments of 1972 and its implementing regulation at 34 CPR Part 106 which prohibit discrimination on the basis of sex in programs and activities operated by recipients of Federal ?nancial assistance. The University receives funds from the Department and is subject to the above laws and their regulations as enforced by OCR. Because OCR has determined that it has jurisdiction and that the complaint was filed timely or qualified for a waiver of the timeliness requirement, it is opening these 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-finder, collecting and analyzing relevant evidence from the complainant, the recipient, and other sources, as appropriate. OCR will ensure that its investigation is legally The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. Page 2 (09-15-2421) sufficient and is dispositive of the allegations, in accordance with the provisions of Article of the Case Processing Manual. Enclosed is a copy of the OCR Case Processing Procedures and an initial data request. right of access to this information is found at 34 Code of Federal Regulations, section Considerations of confidentiality are not a bar to OCR obtaining requested information under section Please be aware that it might be necessary for us to make additional requests for information in the future. We will contact you or your designated representative soon to discuss the allegations, the requested data and the complaint resolution process. OCR may close this complaint prior to making formal ?ndings of compliance or non-compliance, provided that the circumstances or information gathered establishes an administrative or other basis for resolution in accordance with the Case Processing Manual. OCR routinely advises recipients of Federal funds and public education entities that Federal regulations prohibit intimidation, harassment or retaliation against those ?ling complaints with and those participating in the complaint resolution process. Complainants and participants who feel that such actions have occurred may file a separate complaint with OCR. Under the Freedom of Information Act, it may be necessary to release this document and related records upon request. in the event that OCR receives such a request, it will seek to protect, to the extent provided by law, personal information that, if released, could reasonably be expected to constitute an unwarranted invasion of privacy. Your cooperation is appreciated. If you have any questions, please contact OCR attorneys Laura Welp at (415) 486-5577 or laura.welp@ed.gov, or Naghmeh Ordikhani at (415) 486-5588 or naghmeh.ordikhani@ed.gov. Sincerely, 6 Charles R. Love Af- Program Manager Enclosures US. Department of Education Office for Civil Rights, San Francisco Initial Data Request University of San Diego 09-15-2421 OCR Data Request 09-15-2421 OCR Data Request 09-15-2421 OCR Data Request 09-15-2421 OCR Data Request 09-15-2421