UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 32 OLD SLIP. 26'? FLOOR NEW YORK, NEW YORK 10005 'rmo?rm' .I. BLANCIIARD DIRECTOR NEW YORK OFFICE September 2, 2015 Dr. Katherine P. Douglas President Corning Community College 1 Academic Drive Corning, New York 14830 Re: Case No. 02-15-2382 Corning Community College Dear Dr. Douglas: On July 1. 2015, the US. Department of Education, New York Of?ce for Civil Rights (OCR) received the above-referenced complaint ?led against the State University of New York, Corning Communit College (the College). The complainant alleged that the College discriminated against on the basis of-sex, by failing to respond appropriately to complaints of sexual assault ade during academic yearsimmesponswe and Ifomespons'vl; and as a result, was subjected to a sexually hostile environment (Allegation 1). The complainant also alleged that College staff retaliated for complaints -made regarding the alleged sexual assault, by reprimandinin -role as aINomesponswe in NomeSponswe I(Allegation terminating- as on or (Allegation placli?g Nome on Nonresponsive Nonresponsive through the end of academic year 6 date Nonresponsive disciplinary probationfrom (Allegation 4): disclosing the details of a lettch?m attomey sent to the Colle (Allegation -Nonre' regardin Alle ation 1. to at least one student. on or about Nonresponswe pages, on or 800.? Nonrespons. allowing Nonrespong to block-from accessing their ye Nonresi?ons (A egation directing one of friends not to assocn witthl in on . egation and refusing to be seen witl- on or after NomeSpons've (Allegati The complainant further alleged that the College discriminated on the basis 0? sex. by failing to respond appropriately to complaints. made to the College?s Title IX Coordinator during theremester that students and/or staff harassedlEl based on- sex and/or retaliated for advocacy (Allegation 9). OCR determined that these allegations are 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. other students were subjected to a sexually hostile environment (Allegation 10). OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 U.S.C. 1681 et and its implementing regulation at 34 CPR. Part 106, which The I (Iflu'rlucallonir Is to promote Madam rIcII/r'vanwm and preparation for global by fostering r'ducrulrma/ excellence and amurlng aqua! (locum. Page 2 of 8 - Dr. Katherine P. Douglas, President 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. The regulation implementing Title IX, at 34 C.F.R. 106.71, incorporates by reference 34 C.F.R. 100.7(e) of the regulation implementing Title VI ofthe Civil Rights Act of 1964 (Title VI). 42 U.S.C. 2000d et seq, which provides that: No recipient or other person shall intimidate, threaten, coerce or discriminate against any individual for the purpose of interfering with any right or privilege secured by regulations enforced by OCR or because one has made a complaint, testi?ed, assisted or participated in any manner in an investigation, proceeding or hearing held in connection with a complaint. Because OCR has determined that it hasjurisdiction and that the complaint was filed 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-finder, 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 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. 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, 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 C.F.R. 106.7]. This information also is 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: Page 3 of 8 - Dr. Katherine P. Douglas, President 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 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 letter 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. OCR will contact you within twenty (20) days to discuss the allegations and the complaint resolution process. In the interim, if you have any questions, please contact Ebone? Woods, Compliance Team Attorney, at (646) 428-3898 or or David Krieger, Compliance Team Attorney, at (646) 428?3 893 or david.krieger@cd.gov. Sincerely, Emily Fra gos Compliance Team Leader Encl. Page 4 of 8 - Dr. Katherine P. Douglas, President Data Regucst OCR Case No. 02-15-2382 Corning Community College (the College) INonresponsive complainant) RESPONSE DUE: Page 5 of8 - Dr. Katherine P. Douglas, President Page 6 of8 - Dr. Katherine P. Douglas, President Page 7 ot?8 - Dr. Katherine P. Douglas. President Page 8 of8 - Dr. Katherine P. Douglas. President UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 32 OLD SLIP. 267" FLOOR NEW YORK. NEW YORK 10005 TIMOTHY J. BLANCIMRD DIRECTOR mew YORK omen September 2, 2015 Nonresponsive Re: Case No. 02-15-2382 Corning Community College Dear? On July 1, 2015, the US. Department of Education, New York Office for Civil Rights (OCR) received the above-referenced complaint you ?led against the State University of New York, Corning Community College (the College). You alleged that the College discriminated against you. on the basis of your sex, by failing to respond appropriately to complaints of sexual assault you made during academic year Nonrespons've nd Nonresponsw and as a result, you were subjected to a sexually hostile environment (Allegation 1). You also alleged that College staff retaliated for complaints you made regarding the alleged sexual assault, by reprimanding you in your role as Nonre590?5?ve in NonreSDOnSive (Allegation terminating you as_on or about Nonresponsive Allegation placin ou on disciplinary probation from? through the end of academic disclosing the details of a letter your attorney sent to the Colle dateleonreSponSive I regardin Alle ation 1, to at least one student, on or aboutINomeSpons'Ve (Allegation allowing C?fnrespongito block you from accessing their Ugmesl?ons' pages, on or (Al cgatlon directing one of your friends (Student 1) not to associate with you, on or aboutlNonreSponSive kAllegation and refusing to be seen with you, on or after Nonrespons've Allegation ou further alleged that the College discriminated against you, on the basrs of your sex, by failing to resond appropriately to complaints you made to the College?s Title lX Coordinator during the? -semester that students and/or staff harassed you based on your sex and/or retaliate or your advocacy, by blocking your access to theINOWeSponSiVIpages of IE?fn?eSDongl on or about INonresponswe I: leaving notesF?mmesponswe which resulted in your receiving sexually suggestive phone calls on or and directing Student 1 not to associate with you, on or aboutlNonresporISive Allegation 9). OCR determined that these allegations are appropriate for investigation. OCR is responsible for enforcing Title 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 financial assistance from the US. Department of Education (the Department). The College is a recipient The Department Is to student achievement and preparatlanjbr global by [asterlng educatlanal excellence and ensurlng equal access. Pane 7 Of3 Nonresponsive of ?nancial assistance from the Department. Therefore, OCR has jurisdictional authority to investigate this complaint under Title IX. The regulation implementing Title IX. at 34 C.F.R. 106.71, incorporates by reference 34 CPR. 100.7(e) of the regulation implementing Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seg., which provides that: No recipient or other person shall intimidate, threaten, coerce or discriminate against any individual for the purpose of interfering with any right or privilege secured by regulations enforced by OCR or because one has made a complaint, testi?ed, assisted or participated in any manner in an investigation, proceeding or hearing held in connection with a complaint. Because OCR has determined that it has jurisdiction and that the complaint was ?led in a timely manner. 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-?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 I II 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 contained in the publication entitled. 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 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 that, if Page3 of3 released, could reasonably be expected to constitute an unwarranted invasion of personal Nonresponsive privacy. OCR will communicate with you periodically regarding the status of your complaint. If you have any questions, please contact David Krieger, Compliance Team Attorney, at (646) 428- 3893 or David.Kricuer?iz?aed.uov; or Ebone Woods, Compliance Team Attorney, at (646) 428- 3898 or CC: Nonresponsive Sincerely. Emily Frangos Compliance Team Leader