UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 32 OLD SLIP. 26?? FLOOR mew YORK. NEW YORK 10005 TIMOTHY C. J. DIRECTOR NEW YORK OFFICE August 26. 2015 Thomas F. Schutte President The Pratt Institute 200 Willoughby Avenue Brooklyn. New York 1 1205 Re: Case No. 02-15-2388 The Pratt Institute Dear President Schutte: On July 13. 2015. the US. Department of Education. New York Of?ce for Civil Rights (OCR) received the above-referenced complaint filed against the Pratt Institute the University). The complainant alleged that the University discriminated against?the Student). on the basis of-ex, by failing to provide a prompt and equitable response to-report of a sexual assault (Allegation 1). The complainant also alleged that the University discriminated awainst the Student. on the basis of'isability. by placing-on academic probation t?or?and requiring-to pay full tuition for courses-is retaking because .failed them due to the depression and anxiety experienced after the alleged sexual assault (Allegation 2). Additionally. OCR will investigate whether the University 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. including the Student. were subjected to a sexually hostile environment (Allegation 3). 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 financial assistance from the US. Department of Education (the Department). OCR is also responsible for enforcing Section 504 of the Rehabilitation Act of 1973 (Section 504), as amended. 29 U.S.C. 794, and its implementing regulation at 34 C.F.R. Part 104. which prohibit discrimination on the basis ofdisability in programs and activities receiving financial assistance from the Department. The University is a recipient of financial assistance from the Department. Therefore, OCR has jurisdictional authority to investigate this complaint under Title IX and Section 504. Because OCR has determined that it has jurisdiction and that the complaint was filed in a timely manner. it is opening the allegations for investigation. Please note that opening the allegations The Department afliducatlaniv ls to promote student achievement and preparatton for global by ?nterlng educational excellence and ensurtng equal access, Page 2 of 6 Thomas F. Schutte 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 Ill 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 ?nancial 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. 106.71. and by the regulation implementing Section 504. at 34 C.F.R. 104.61. 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. 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 enclosure entitled. Complaint Processing Procedures." and on 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 identi?able information that if released. could constitute an unwarranted invasion of personal privacy. Page 3 of 6 Thomas F. Schutte 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 James Moser, Compliance Team Attorney, at (646) 428-3792 or james.moser@ed.gov. Sincerely, Erin Emery Compliance Team Leader Encl. Page 4 0f6 Thomas F. Schutte Data Reguest OCR Case No. 02-15-2388 The Pratt 116 (the University) Nonrespons've (th Complainant) Nonresponsive the Student) RESPONSE DUE: Page 5 01?6 Thomas F. Schuttc Page 6 01?6 Thomas F. Schutte UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 32 01.1) sup. 26? FLOOR mew YORK. NEW YORK woos TIMOTHY .I. DIRECTOR NEW YORK August 26. 2015 Nonresponsive Re: Case No. 02-15-2388 The Pratt Institute On July 13, 2015, the US. Department of Education, New York Of?ce for Civil Rights (OCR) received the above-referenced complaint you ?led against the Pratt Institute (the University). You alleged that the University discriminated against the Student), on the basis of qsex. by failing to provide a prompt and equitable response to report of a sexual assault: an. as a result. the Student was subjected to a sexually hostile environment (Allegation 1). You also alleged that the University discriminated against the Student. on the basis of isability. by placin on academic probation requiring to pay full tuition for courses is retaking because failed them due to the depression and anxiety experienced after the alleged sexual assault (Allegation 2). OCR has determined that these allegations are 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 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). OCR is also responsible for enforcing Section 504 of the Rehabilitation Act of 1973 (Section 504), as amended. 29 U.S.C. 794. and its implementing regulation at 34 C.F.R. Part 104, which prohibit discrimination on the basis of disability in programs and activities receiving ?nancial assistance from 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 and Section 504. Because OCR has determined that it has jurisdiction and that the allegations were ?led in a timely manner. it is opening the allegation 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 111 of Case Processing Manual. The Department ol'lfducationit mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and enduring equal access, ns' Page 2 Off! Nonrespo Ive 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 infonnation about the ECR process is in the letter entitled, Complaint Processing Procedures,? which was formerly provided to you with the letter acknowledging your complaint, and is available on website at .cd . gov/about/o l??ccs/l i st/oc I. 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 to the letter formerly provided to you with the letter acknowledging your complaint entitled. Complaint Processing Procedures," and is available on website at 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. 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, which. if released. could reasonably be expected to constitute an unwarranted invasion of personal privacy. OCR staff will contact you to discuss the allegations and the complaint resolution process. In the interim. if you have any questions. please contact James Moser, Compliance Team Attomey. at (646) 428-3792 or Sincerely. Erin Emery Compliance Team Leader