UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 32 OLD SLIP. 26'" NEW YORK. NEW YORK 10005 TIMOTHY C. J. BLANCIIARD DIRECTOR NEW YORK OFFICE May 26, 2015 Nonresponsive Re: Case No. 02-15-2087 Cornell University Dear? On February 17, 2015, the US. Department of Education, New York Of?ce for Civil Rights (OCR) received the above-referenced complaint you ?led against Cornell University (the University). You alleged that the University discriminated against you, on the basis of your sex, during its investigation of a complaint ?led against you by aINOUrespI student (Student 1) during the fall 2014 semester, by: discounting your credibility/testimony for l?10'lresponswe but did not similarly discredit Student 1?s credibility/testimony for having a confusing, inconsistent account of the incident (Allegation and, ignoring key evidence and your testimony, which were omitted from the ?nal investigative report, dated?(Allegation 2). You further alleged that the University discriminated against you, on the basis of your sex; or, in the alternative retaliated against you for your complaints of sex-based discrimination, during its investigation of a complaint ?led against you by Student 1 during the-semester, by: escalating the interim measure from a no-contact order to a temporary suspension, without cause, on Nonresponsive (Allegation and, issuing a more stringent no-contact order against you, on Nonresponsive I, after you successfully appealed the temporary suspension (Allegation OCR has determined that your allegations are appropriate for investigation. Additionally, OCR will investigate whether the University failed to and equitably respond to complaints, reports and/or incidents of sexual violence of which it had notice (Allegation 5). 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 US. Department of Education (the Department). The University is a recipient of ?nancial Speci?cally, you asserted that the more stringent no-contact order required that you: increase the distance between yourself and Student I at all times; not participate in any and all functions; and, not come on the University?s campus except to go to class,lNonresl the Nonresponsiv I, the Unwersr Health Center, or another purpose for which you received advance permission from the m] The De mrtmeni 0 Education? mission is to :romote student achievement and mration or global com tetltiveneu I I fostering educational excellence and ensuring equal aceen. Page 2 of 2 OCR Case No. 02?15-2087 assistance from the Department. Therefore, OCR has jurisdictional authority to investigate this complaint under Title IX. Because OCR has determined that it has jurisdiction and that the complaint was filed in a timely manner, it is opening these allegations for investigation. Please note that opening these 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-?nder, collecting and analyzing relevant evidence from you, 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 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 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 ?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 identifiable information, which, if released, could reasonably be expected to constitute an unwarranted invasion of personal privacy. OCR will communicate with you periodically regarding the status of your complaint. In the interim, if you are interested in resolving this complaint through ECR process or have any questions, please contact Letisha Morgan, Senior Compliance Team Investigator, at (646) 428-3827 or lctishamorganfaged.gov; Ronald Scott, Compliance Team Attorney, at (646) 428-3820 or ronald.scottfajcdgov; or me, at 646-428-3806 or Sincerely, Felice A. Bowen Compliance Team Leader UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 32 OLD SLIP. 26*? FLOOR NEW YORK. NEW YORK 10005 TIMOTHY C. .I. BLANCIIARD DIRECTOR NEW YORK OFFICE May 26, 2015 David J. Skorton President Cornell University 300 Day Hall Ithaca, New York 14853 Re: Case No. 02-15-2087 Cornell University Dear President Skorton: On February 17, 2015, the US. Department of Education, New York Of?ce for Civil Rights (OCR) received the above-referenced complaint ?led against Cornell University (the University). The complainant alleged that the University discriminated against. on the basis of sex, during its investigation of a complaint ?led against -by a student (Student 1 durin: the semester, by: discounting credibility/testimony for hbut did not similarly discredit Student 1?s credibility/testimony for having a confusing, inconsistent account of the incident (Allegation and, ignoring key evidence anle testimony, which were omitted from the ?nal investigative report, dated INonreSPonswe (Allegation 2). The complainant further alleged that the University discriminated against- on the basis of'ex; or, in the alternative retaliated againstuorcomplaints of sex-based discrimination, during its investigation of a complaint ?led against- by Student 1 during the -semester, by: escal 1 . 1easure from a no-contact order to a temporary - Nonresponsuve . . . . suspenswn, Without cause, on Allegatlon 3), and, Issuing a more no- contact order againstINonre Ion Nonresponslve I, a?er-successfully appealed the temporary suspension (Allegation 4). OCR has determined that these allegations are appropriate for investigation. Additionally, OCR will investigate whether the University failed to and equitably respond to complaints, reports and/or incidents of sexual violence of which it had notice (Allegation 5). 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 The Department of Education is mission is to promote student achievement and preparation global cmnpetitiveness by fostering educational excellence and ensuring equal access. Page 2 of 8 OCR Case Number 02-15-2087 recipient of ?nancial assistance from the Depanment. Therefore, OCR has jurisdictional authority to investigate this complaint under Title IX. 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 merit. 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 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. Please submit the information listed on the enclosed data request to OCR within twenty (20) days of the date of this letter. The regulation implementing Title VI of the Civil Rights Act of 1964, at 34 CPR. 100.6(b) 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 is also being requested pursuant to 34 CPR. 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. 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 Page 3 of 8 OCR Case Number 02-15-2087 released, could reasonably be expected to constitute an unwarranted invasion of personal privacy. OCR staff will contact you within twenty (20) calendar days to discuss the allegations and the complaint resolution process. In the interim, if you are interested in resolving this complaint through ECR process or have any questions, please contact Letisha Morgan, Senior Compliance Team Investigator, at (646) 428-3827 or lctishamoman/(iglgov; Ronald Scott, Compliance Team Attorney, at (646) 428-3820 or ronaldscott??dgnv; or me, at (646) 428- 3806 or feliccbowcnfacdgov. Sincerely, F?lice A. Bowen Compliance Team Leader Encl. Page 4 of8 OCR Case Number 02-15?2087 Data Reguest Case No. 02-15-2087 Comell_ Universit? (the University) NonreSpons'Ve (the complainant) Due Dat01(b) WA) Page 5 of 8 OCR Case Number 02-15-2087 Page 6 of8 OCR Case Number 02-15-2087 Page 7 of8 OCR Case Number 02-15-2087 Page 8 of 8 OCR Case Number 02-15-2087