UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 32 01.1) SLIP. 26'" FLOOR NEW YORK. NEW YORK 10005 TIMOTHY C. .I. BLANCIIARD DIRECTOR NEW YORK OFFICE September 16, 2015 Dr. Stephen C. Ainlay President Union College 807 Union Street Schenectady, New York l2308 Re: Case No. 02-15-2410 Union College Dear President Ainlay: On July 30, 2015. the US. Department of Education, New York O?ice for Civil Rights (OCR) received the above-referenced complaint ?led against Union College (the College). The complainant alleged that the College discriminated against. on the basis of sex. by failing to provide a prompt and equitable res onse to an allegation of a sexual assault tha- reported to the College on or about leresponswe OCR has determined that this allegation is appropriate for investigation. Additionally, OCR will investigate whether the College failed to and equitably respond to complaints, reports, and/or incidents of sexual assault/violence of which it had notice; and as a result, students at the College. including the complainant, 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 College is a recipient of financial 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 ?led in a timely manner, it is opening the 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-tinder, 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 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 of 6 - Dr. Stephen C. Ainlay the allegations, in accordance with the provisions of Article of Case Processing Manual. 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. The regulation implementing Title VI of the Civil Rights Act of 1964. at 34 C.F.R. 100.6 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 C.F.R. 106.7]. This information is also being requested pursuant to 34 C.F.R. 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, ?Some Information About Case 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 enclosure entitled, ?Some Information About Case Processing Procedures,? and on website at Please be advised that the College 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, the complainant may file 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 identi?able information that if released, could constitute an unwarranted invasion of personal privacy. Page 3 of 6 Dr. Stephen C. Ainlay OCR will contact you within twenty (20) days to discuss the allegation and the complaint resolution process. In the interim, if you have any questions, please contact Eric Bueide, Compliance Team Attorney, at (646) 428-3851 or eric.bueide@ed.gov; or Aditi Shah, Compliance Team Attorney, at (646) 428-3897 or aditi.shah@ed.gov. Sincerely, Erin Emery Compliance Team Leader Encl. Page 4 of6 Dr. Stephen C. Ainlay Data Reguest OCR Case No. 02-15-2410 Union College (the College) INonresponsive [the complainant) RESPONSE DUE Page 5 ot?6 Dr. Stephen C. Ainlay Page 6 016 Dr. Stephen C. Ainlay UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 32 OLD SLIP. 26TH FLOOR NEW YORK. NEW YORK 10005 TIMOTHY (T. J. BLANCIIARD DIRECTOR NEW YORK OFFICE September 16, 2015 Nonresponsive Re: Case No. 02-15-2410 Union College On July 30, 2015, the US. Department of Education, New York Of?ce for Civil Rights (OCR) received the above-referenced complaint you ?led against Union College (the College). You alleged that the College discriminated against you, on the basis of your sex, by failing to provide a prompt and equitable response to an allegation of a sexual assault that you reported to the College on or aboutll?kmresi??onSive I. Based on the information provided in your complaint and subsequent electronic mail correspondence, OCR has determined that this allegation is appropriate for investigation. 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 CPR. 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 College 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 allegations were ?led in a timely manner, it is opening the 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-?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 Case Processing Manual. 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 The Department of Education '5 mission is to promote Student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. Nonresponsive Page 2 of2 in the letter entitled, ?Some Information About Case Processing Procedures,? which was formerly provided to you with the letter acknowledging your complaint, and is available on website at Also, when 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 enclosure to the letter formerly provided to you with the letter acknowledging your complaint entitled, ?Some Information About Case Processing Procedures,? and is available on website at Please be advised that the College 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, 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 identi?able information, which, if released, could reasonably be expected to constitute an unwarranted invasion of personal privacy. If you have any questions, please contact Eric Bueide, Compliance Team Attorney, at (646) 428- 3851 or eric.bueide@ed.gov; or Aditi Shah, Compliance Team Attorney, at (646) 428-3897 or aditi.shah@ed.gov. Sincerely, 6cm Erin Emery Compliance Team Leader