UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 32 01.1) 51.111. 26'" FLOOR mew YORK. NEW YORK 10005 TIMOTHY (I. .I. BLANCIIARI) DIRECTOR YORK August 10, 2015 Mark D. Gearan President Hobart and William Smith Colleges Of?ce ofthe President 337 Pulteney Street Geneva. New York 14456 Re: Case No. 02-15-2340 Hobart and William Smith Colleges Dear President Gearan: On May 20. 2015, the US. Department of Education. New York Office for Civil Rights (OCR) received the above-referenced complaint ?led against the Hobart and William Smith Colleges (the Colleges). The complainant alleged that the Colleges failed to respond and equitably to the report of sexual assault thatMmade and as a result. was subjected to a sexually hostile environment. Additionally the complainant alleged that the Colleges retaliated against? forM?ling a complaint of sexual assault, by placing- cm on probation fOI-INonresponsive IinINonresponsive I OCR has determined that it will investigate these allegations. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 U.S.C. 1681 e_t 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). The Colleges are recipients 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) ofthe regulation implementing Title VI ofthe Civil Rights Act of 1964 (Title VI). 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. 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 of6 Case No. 02-15-2340 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 the allegations for investigation in no way implies that OCR has made a determination with regard to their merit. 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 ofOCR?s 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. The regulation implementing Title 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 detemiine whether a recipient is in compliance with the regulations it enforces. This requirement is incorporated by reference in the regulations implementing Title IX. at 34 CPR. 106.71. This information is also being requested pursuant to 34 CPR. Please submit the information listed on the enclosed data request within twenty (20) days of the date of this letter. or OCR may conduct an onsite file review in order to obtain this information in a timely manner. 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 EC process is contained 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 Colleges 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 Page 3 of6 Case No. 02-15-2340 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 of the date of this letter to discuss the complaint resolution process. In the interim, if you have any questions, please contact Jeanette Tejada Bustos. Compliance Team Attorney, at 646-428-3777 or Stacy Bobbitt, Compliance Team Investigator, at 646-428-3823 or stacv.bobbitt?zicdaov; or me. at 646-428-3801 or nadia.r.allcn.ui??edm. Sincerely, adjadAllen Gill Compliance Team Leader Page 4 of6 Case No. 02-15-2340 Data Reguest Hobart and William Smith Colleges Case No. 02-14-2340 ComplainamlNonresponsive I Due Date: Page 5 of6 Case No. 02-15-2340 A protected activity involves making a complaint, testifying, assisting or participating in any manner in an investigation. proceeding or hearing under the regulations enforced by OCR or similar activities. such as advocating for rights guaranteed by these regulations. Page 6 of6 Case No. 02-15-2340 UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 32 OLD SLIP. 26'" FLOOR NEW YORK. NEW YORK Imms TIMOTHY C. .I. BLANCIIARD DIRECTOR NEW YORK OFFICE August 10, 2015 Nonresponsive Re: Case No. 02-15-2340 Hobart and William Smith Colleges On May 20. 2015. the US. Department of Education, New York Office for Civil Rights (OCR) received the above-referenced complaint you filed against the Hobart and William Smith Colleges (the Colleges). You alleged that the Colleges failed to respond and equitably to the report of sexual assault that you made on Nonlesponsive and as a result, you were subjected to a sexually hostile environment. Addltionally, you alleged that the Colleges retaliated against you for your filing a complaint of sexual assault, by placing you on probation for Nonresponsive OCR has determined that it will investigate these all gallons. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX). as amended. 20 U.S.C. 1681 e_t 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 Colleges are recipients 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 CPR. 106.71, incorporates by reference 34 CPR. 100.7(e) of the regulation implementing Title VI of the Civil Rights Act of 1964 (Title VI). 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. The Department 0/ Education '3 mission is to promote student and preparation/or global competitiveness by [uttering educational vxceiicncc and ensuring equal access. Page 2 of2 Case No. 02-15-2340 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 for investigation in no way implies that OCR has made a determination with regard to their merit. 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. 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 infomiation 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 OCR's previous letter to you, acknowledging your complaint. This information is also on website at Please be advised that the Colleges 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. If you have any questions. please contact Jeanette Tejada Bustos, Compliance Team Attorney. at 646-428-3777 or Stacy Bobbitt, Compliance Team Investigator. at 646-428-3823 or or me. at 646-428-3801 or Sincerely. Compliance Team Leader I