UNITED STATES DEPARTMENT OF EDUCATION 26"? Hunk NI-W YORK. VFW YORK 10005 THIGTHY . DIRH ma mm 1 July 30, 2015 Lee C. Bollinger President Columbia University 202 Low Library 535 West 116?h Street, Mail Code 4309 New York, New York 10027 Re: Case No. 02-15-2344 Columbia University Dear President Bollinger: On May 25, 2015, the US. Department of Education, New York Of?ce for Civil Rights (OCR) received the above-referenced complaint ?led against Columbia University. The complainant alleged that the University failed to respond and equitably to a complaint of sexual assault tha-reported to the University in Nonresponswe (Allegation 1). In addition, the complainant alleged that in retaliation for ?ling Nor" omp amt of sexual assault, the University i ored-equest for academic assistance following a family emergency, in or around- a (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 e_t m? 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 Department. The University is a recipient 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 CPR. 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 e_t m, 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, The Department QfEducatinn': mmt?an t: to promote student achievement and preparation for global competitiwnur by fortaring educational excellence and ensuring equal ace?: Page 2 of 5 President Lee C. Bollinger testified, 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 the allegations for investigation. Please note that opening 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 allegation, 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 of the Civil Rights Act of 1964. at 34 CPR. 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 CPR. 106.71. This information also is being requested pursuant to 34 .F.R. 99.3 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. Page 3 of 5 President Lee C. Bollinger 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, 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. OCR staff 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 Gary Kiang, Senior Attorney, at (646) 428-3761 or cannkiang?i?tcdgov; or me, at (646) 428-3806 or Sincerely, 91514 MW F?lice A. Bowen Compliance Team Leader Encl. Page 4 of 5 President Lee C. Bollinger Data Reguest Columbia University Case No. 02-15-2344 the complainant) Data Due: Page 5 of 5 President Lee C. Bollinger UNITED STATES DEPARTMENT OF EDUCATION 11(?1- 10R [(101118 32 1) st w. mm NF Hvkx, um yum; Imms (.J. BI. \l YURK Hl-lK l- July 30, 2015 Nonresponsive Re: Case No. 02-15-2344 Columbia University Dear- On May 26, 2015, the US. Department of Education, New York Of?ce for Civil Rights (OCR) received the above-referenced complaint you ?led against Columbia University. You alleged that the University failed to respond and equitably to a complaint of sexual assault that you reported to the University iH(Allegation 1). In addition, you alleged that in retaliation for ?ling your complaint 0 sex . assault, the Universit ignored your request for academic assistance following a family emergency, in or aroundhAllegation 2). OCR has determined that your 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 gt 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 Department. The University is a recipient 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 CPR. 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 c_t 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. The Department of Education mission I: to promote student achievement and preparation n? global competitiveness by faltering educational excellence and ensuring equal access. Nonresponsive Page 2 of2 Because OCR has determined that it has jurisdiction and that the complaint was ?led in a timely manner, it is opening your allegation for investigation. Please note that opening the allegation 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 allegation, 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 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 It is unlawful to harass or intimidate an individual who has ?led a complaint or participated in actions to secure protected rights. If this should occur, you may file a separate complaint with OCR alleging such harassment or intimidation. Under the Freedom of Information Act, 5 U.S.C. 552, 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 communicate with you periodically regarding the status of your complaint. In the interim, if you have any questions, please contact Gary Kiang, Senior Attorney, at (646) 428- 3761 or granakiang/dledgov. Sincerely, WCKAW F?lice A. Bowen Compliance Team Leader