UNITED STATES DEPARTMENT OF EDUCATION CIVIL RIGHTS 32 OLD 26?? FLOOR NEW YORK. NEW YORK 10005 .I. BLANCHARD DIRECTOR NEW YORK June 16, 2015 Dr. Robert J. Jones President State University of New York at Albany 1400 Washington Avenue Albany, New York 12222 Re: Case No. 02-15-2322 State University of New York at Albanv Dear President Jones: On April 30, 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 at Albany (the University). The complainant alleged that the University failed to respond and equitably to the report of sexual assault that made on Nonrespon5ive I, thereby subjecting -to a sexually hostile enviromnent (Allegation 1). The complainant also alleged that the University retaliated againsthIbecause of revious complaint of sexual harassment against alNomesl?msive lin_ by determining in'NonresponsweIthat a student did not sexually assault-s -alleged in the complaint that N0nr ??led on Nonresoonsive (Allegation 2). OCR has determined that the 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). 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, 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 of Education?s ls Io promote student aehlevemen! and preparation for global compel/thence: by fostering educational excellence and ensurlng equal access. Page 2 of 6 Dr. Robert J. Jones, President 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-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. 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. 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 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 identifiable information that if released, could constitute an unwarranted invasion of personal privacy. Page 3 of 6 Dr. Robert J. Jones, President 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 Johnson, Senior Investigator, at (646) 428-3821 or cgstal.iohnson@ed.gov; or James Moser, Compliance Team Attorney, at (646) 428-3792 or iames.moscr@cd.gov. Sincerely, iww 0H &7 Erin Emery Compliance Team Leader Encl. Page 4 of 6 Dr. Robert J. Jones, President Data Reguest OCR Case No. 02-15-2322 SUNY Albanv (the University) Nonrespons've (the Complainant) RESPONSE DUE WM) Page 5 of 6 Dr. Robert J. Jones, President Page 6 of 6 Dr. Robert J. Jones, President 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. UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 32 OLD SLIP. 26?? FLOOR NEW YORK. NEW YORK I0005 TIMOTHY (T. J. BLANCHARD DIRECTOR NEW YORK June 16, 2015 Nonresponsive Re: Case No. 02-15-2322 State University of New York at Albany Dear-- On April 30, 2015, the US. Department of Education, New York Of?ce for Civil Rights (OCR) received the above-referenced complaint you ?led against the State University of New York at Albany (the University). You alleged that the University failed to respond and eouitably to a report of sexual harassment you made against alNoWesPOlnsive Iin N9nresp? ?(Allegation 1). You also alleged that the University failed to respond prompt an equitably to a report of sexual assault you made against a student I, thereby subjecting you to a sexually hostile environment (Allegation 2). Further, you alleged that the University retaliated against you for ?ling the complaint of sexual harassment described in Allegation l, by determining in_that a student did not sexually assault you as you alleged in the complaint described in Allegation 2 (Allegation 3). Based on the information provided in your complaint and in supplemental documentation, OCR has determined that it will investigate Allegations 2 and 3. OCR has determined that it will not investigate Allegation 1 for the reasons set forth below. With respect to Allegation 1, you alleged that the University failed to respond prompt] and equitably to a report of sexual harassment you made against linl'fBTeSDO I -. You informed OCR that the University?s Of?ce of Human Resources did not conclude its investigation of the complaint until- OCR has determined that Allegation 1 is untimely. OCR requires that complaints be ?led with OCR within 180 calendar days of the alleged discriminatory event, unless the time for ?ling is extended by this of?ce. The information you provided indicates that the discrimination you are complaining of occurred more than 180 calendar days from the ?ling of your complaint with OCR on April 30, 2015. You requested a waiver of the timeliness requirement, and stated that you did not ?le Allegation 1 earlier because you were waiting for the University to conclude its investigation and you only recently became aware of existence. OCR has determined that the circumstances you The Department oj'lz'dtteatton 'a miseton is to promote student achievement and preparation /or global competitiveness by fostering educational excellence and enmring equal Nonresponsive Page 2 of3 described do not warrant a waiver of the timeliness requirement. Therefore, your request for a waiver is denied. Accordingly, OCR has dismissed Allegation 1 as of the date of this letter. As stated above, OCR will investigate Allegations 2 and 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 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 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, 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, 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 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 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 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 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 Nonresponsive Page 3 of3 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, 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. OCR staff will contact you to discuss the allegations and the complaint resolution process. In the interim, if you have any questions, please contact Johnson, Senior Investigator, at (646) 428-3821 or or James Moser, Compliance Team Attorney, at (646) 428-3792 or iamesmoscr?lcdgov. Sincerely, (?0le Erin Emery Compliance Team Leader