UNITED STATES DEPARTMENT OF EDUCATION RKLIUN OFFICE FOR CIVIL RIGHTS ARKANSAS LOUISIANA I999 BRYAN ST., SUITE 1620 MISSISSIPPI DALLAS, 75201-6810 TEXAS October 27, 2015 Reference: 06-15-2318 Dear The U. S. Department of Education (Department) Of?ce for Civil Rights (OCR), Dallas Of?ce has completed its evaluation of the above- referenced complaint, which was received )by OCR on May 1 2015 and ?led against the University of Houston (UH) Houston Texas. .complaint appears to allege that the UH discriminated against 52% on the basis oerace. sex. disability and age, in violation of Title VI of the Civil Rights Act of 1964 (Title VI) 42 U. S. C. 2000d et seq._ and its implementing regulation at 34 CPR. Part 100. which prohibit discrimination on the basis of race, color, or national origin; Title IX of the Education Amendments of 1972 (Title IX). 20 U.S.C. 168] et seq. and its implementing regulation at 34 C.F.R. Part 106. which prohibit discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973 (Section 504). 29 U.S.C. 794 (amended 1992). and its implementing regulation at 34 CPR. Part 104, as well as Title II of the Americans with Disabilities Act of 1990 (Title II), 42 U.S.C. 12131 at seq? and its implementing regulation at 28 CPR. Part 35. which prohibit discrimination on the basis ofdisability; and the Age Discrimination Act of 1975 (Age Act), 42 U.S.C. 6101 e! seq.. and its implementing regulation at 34 CPR. Part 110. which prohibit discrimination on the basis of age as it relates to the provision of student services. Based on a careful review of your complaint, e-mails you sent to OCR through August 4, 2015, and a July 30. 2015 conversation with an OCR Dallas employee. OCR has detemIined that you are raising the following allegations: I. The UH discriminate based on Elam sex (female) when 2. The discriminated against based 0 isability by failing to provide 832% academic adjustments; 3. The UH breached Student Health Center con?dentiality 77w DI kit/UH IS (I) student .II am! pm amtmn [org/01ml by [2th IrinbI I I Insurmb aqua I w.I>Il . g0 Pace 7 5. OCR is responsible for determining whether organizations that receive or bene?t from Federal ?nancial assistance from the Department. or an agency that has delegated investigative authority to the Department. are in compliance with Title IX. which prohibits discrimination on the basis of sex as well as Title VI, which prohibits discrimination on the basis of race, color or national origin as well as the Age Discrimination Act, which prohibits discrimination on the basis of age. OCR is responsible for determining whether entities that receive or benefit from Federal ?nancial assistance from the US. Department of Education or an agency that has delegated investigative authority to the Department are in compliance with Section 504, which prohibits discrimination on the basis of disability. Under Title II, OCR has jurisdiction over complaints alleging disability discrimination against public elementary and secondary education systems and institutions, public institutions of higher education and vocational education (other than schools of medicine, dentistry, nursing, and other health-related institutions). and public libraries regardless of whether these institutions receive federal ?nancial assistance. OCR has determined that the UH is a recipient of federal ?nancial assistance from the Department and is a public entity. Therefore, OCR has jurisdictional authority to process this complaint for resolution under Title VI. Title IX. Section 504, Title II and the Act Discrimination Act. OCR has determined that it will take the actions listed below for each of your allegations. Regarding allegation OCR will open the following issues for investigation: 1. Whether the UH provided prompt and equitable responses to complaints reports. and/or other incidents of sexual harassment or sexual violence of which it had ul have wn about) required by the Title IX implementing regulation at 34 CPR. ??106.8 and 106.31. a. Whether the University complied with the requirements of the Title IX implementing regulation. at 34 CPR. 106.9, regarding notice of non- discrimination. b. Whethcr the University complied with the requirements of the Title IX implementing regulation. at 34 CPR. 106.8 and regarding the designation and notice of Title IX coordinator. Page .9 Whether any failure by the UH to provide a prompt and equitable response allowed (DWXA) WW0) Ito be subjected to a sexually hostile environment that denied or limited students ability to participate in or bene?t from the UH 5 programs in violation of the Title IX implementing regulation at 34 C.F.R. 106.8 and 106.3]. With respect to allegation #2 . OCR will dismiss this allegation because it fails to state a violation of one of the laws OCR enforces. Under OCR policy, students with disabilities have the obligation to provide adequate documentation to postsecondary education institutions evidencing the existence of their disabilit and their need for amdem'c adjustments or auxiliary aids. I clarified tha?did not rec uest any academic adjustments from me U11. 1nus.tnere was no obligation bv I to providcmwith any academic adjustments. Based on the information above, OCR 1s dismissing allegation #2 and will take no further action regarding this claim. appear to be ralsing a claim that the UH violated the Family Educational Rights and Privacy Act (FERPA). OCR will dismiss this allegation and take no further action because this agency does not enforce FERPA violations. Alleged ERPA violations are handled by the US. Department of Education?s Family Policy Compliance Of?ce which can be reached at the address below: Family Policy Compliance Of?ce US. Department of Education 400 Maryland Avenue, S.W. Washington, DC 20202-8520 With respect to allegation #4 OCR will dismiss this allegation for lack of subject matter jurisdiction. OCR must have jurisdiction over the subject matter of the complaint. For OCR to establish subject matter jurisdiction, the complaint must allege. or OCR must be able infer from the facts given. an allegation of discrimination based on race. color. national origin. sex. disa bilit 1. age. retaliation or a violation of the Boy Scouts of America ual Access Act of 2001. i529? did not allege facts from which OCR could infer that lwas an act of discrimination so OCR does not have subject matter jurisdiction over this claim. Therefore, OCR is dismissing allegation #4 and will take no further action regarding this claim. Regarding allegation #5 i OCR is also dismissing this claim for lack of subject matter jurisdiction. Irmml bid not allege facts t1om which OCR could infer lso OCR does not have subject matterjurisdiction over this claim. Therefore. OCR is dismissing allegation #5 and will take no further action regarding that claim. Page 4 -- With respect to allegation #6 (violation of the Clery Act), OCR does not enforce alleged violations of the Clery Act. Therefore, OCR will dismiss allegation #6 and take no further action. If you wish to file a complaint regarding an alleged violation of the lery Act, please contact clery'a?edgov. Regarding allegation I OCR is dis issimr this alleominn because even if true. it would not violate anv of the laws OCR enforces. However I d1d not allege that these comments had the effect of excludin from artiei ation in an of the programs or activities based on (will age. they would not violate any of the laws OCR enforces. Based on the information above. OCR IS dismissing allegation #7 and will take no further action regarding that claim. . . . In a (7110) e-mall. OCR asked-to clanfy what belleved happened to-based on your race. did not allege that any of the actions listed in any of the documents provided to OCR occurred based on 83% race, so OCR is dismissing Egg?gL claim of race discrimination. Because OCR has determined that it has iurisdiction and that the complaint was ?led timelv. it is opening allegation #1 above for investigation. Please note that opening the allegation for investigation in no way implies that OCR has made a determination with regard to its merits. During the investigation. OCR is a neutral fact-tinder, 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 the Case Processing Manual. Please note that OCR?s?case resolution processes include Early Complaint Resolution (ECR). ECR allows the parties (the complainant and the institution that is the subject of the complaint) an opportunity to resolve the complaint allegations quickly; generally, soon after the complaint has been opened for investigation although ECR may take place at any time during the investigative process. If both parties are willing to try this approach, and if OCR determines that EC is appropriate, OCR will facilitate settlement discussions between the parties and work with the parties to help them understand the legal standards and possible remedies. Please let me know if you are interested in the ECR process. Under OCR procedures, we are obligated to advise you that intimidation or retaliation against a complainant is prohibited by regulations enforced by this agency. Speci?cally. the regulations enforced by OCR, directly or by reference. state 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 an individual has made a complaint, testified, assisted or participated in any manner in an investigation, proceeding or hearing held in connection with a complaint. Page 5 Angel Henderson Under the Freedom of Information Act, it may be necessary to release this document and other related correspondence and records upon request. In the event we receive such a request. we 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 privacy. This letter sets forth determination in an individual OCR case. This letter is not a formal statement of OCR policy and should not be relied upon. cited, or construed as such. OCR's formal policy statements are approved by a duly authorized OCR official and made available to the public. You may file a private suit in federal court whether or not OCR finds a violation. If you have any questions, please feel free to contact the attorney-investigator, Richard ho. by telephone at (214) 661-9631 or by e-mail I You may also contact me by telephone at (214) 661-9608 or by e-mail at: Sincerely. aul F: Coxe Supervisory Atto ey/Team Leader Office for Civil Rights Dallas Of?ce . ?rI '0 3 93.43892 UNITED STATES DEPARTMENT OF EDUCATION REGION OFFICE FOR CIVIL RIGHTS ARKANSAS 1999 BRYAN ST., SUITE 1620 MISSISSIPPI DALLAS, 1X 75201-6810 rem October 27, 2015 Reference: 06-15-2318 Dr. Renu Khator, President University of Houston Of?ce of the President 212 East Cullen Building Houston, Texas 77204-2018 Dear Dr. Khator: On May 1, 2015, the U.S. Department of Education (Department), Of?ce for Civil Rights (OCR). Dallas Of?ce, received the above-referenced complaint against the University of Houston (UH), Houston, Texas. The complaint alleges that the UH discriminated against the complainant on the basis ?a sex, in violation of Title IX of the Education Amendments of 1972 (Title IX). 20 U.S.C. 5. 681 et seq.. and its implementing regulation at 34 C.F.R. Part 106. which prohibit discrimination on the basis of sex. OCR is responsible for determining whether organizations that receive or bene?t from Federal financial assistance from the Department, or an agency that has delegated investigative authority to the Department, are in compliance with Title IX, which prohibits discrimination on the basis of sex. OCR has determined that the UH is a recipient of federal ?nancial assistance from the Department. Therefore, OCR hasjurisdictional authority to process this complaint for resolution under Title IX. OCR has opened the following issues for investigation: 1. Whether the UH provided prompt and equitable responses to complaints. reports, and/or other incidents of sexual harassment or sexual violence. of which it had notice (knew about or should have known about) as required by the lltle 1X implementing regulation at 34 CPR. an 06.31. a. Whether the University complied with the requirements of the Title IX implementing regulation, at 34 CPR. 106.9, regarding notice of non- discrimination. 77w Departnu'nt of EdUl. am mission is (0 pm imoio siudenl achievenwni am! pm .amtmn (org/01ml competitiveness by vdumtimm/ mm?: 'm and unsunng aqua across. .gov Page 2 Dr. Renu Khator. President b. Whether the University complied with the requirements of the Title IX implementing regulation. at 34 C.F.R. 106.8 and regarding the designation and notice of Title IX coordinator. 2. Whether any failure by the UH to provide a prompt and equitable response that denied or limited students? ability to participate in or bene?t from the programs. in violation of the Title IX implementing regulation at 34 C.F.R. 106.8 and 106.31. Because OCR has determined that it hasjurisdiction and that the complaint was ?led timely. 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-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 the Case Processing Manual. For your information, we have enclosed OCR ?s Complaint Processing Procedures to provide you with an overview of our complaint evaluation and resolution process. Please note that OCR can resolve complaint allegations before completing an investigation in two ways: the Early Complaint Resolution (ECR) process and voluntary resolution agreements. ECR allows the parties (the complainant and the institution that is the subject of the complaint) an opportunity to resolve the complaint allegations quickly; generally, soon after the complaint has been opened for investigation. although ECR may take place at any time during the investigative process. If both parties are willing to try this approach, and ifOC determines that EC is appropriate, OCR will facilitate settlement discussions between the parties and work with the parties to help them understand the legal standards and possible remedies. Complaints may also be resolved before the conclusion of an investigation if the institution that is the subject of the complaint (recipient) expresses an interest in resolving the complaint. This process is voluntary and must be requested by the recipient. The Office Director or designee must determine that it is appropriate to resolve the complaint during the course of an investigation. If the voluntary resolution process has been determined appropriate. OCR will immediately notify the complainant of the recipient's interest in resolving the complaint and will keep the complainant informed throughout all stages of this resolution process. The resolution agreement is negotiated between OCR and the recipient. The provisions of the resolution agreement will be aligned with the complaint allegations or the information obtained during the investigation, and will be consistent with applicable regulations. and a copy of the signed resolution agreement will be included with the resolution letter. OCR will then monitor the implementation of the resolution agreement. Page 3 Dr. Renu Khator. President You will be contacted in the near future. usually within ten days from the date of this letter. to discuss this case. Please let me know if you are interested in resolving the complaint prior to the conclusion of the investigation. either through the EC process or by entering into a voluntary resolution agreement. For your information, copies of the relevant regulations are available upon request. OCR intends to conduct a prompt investigation of this complaint. The regulation implementing Title VI of the Civil Rights Act of 1964. at 34 C.F.R. 100.6(b) and (0). requires that a recipient of Federal ?nancial assistance make available to OCR information that may be pertinent to reach a compliance determination. Pursuant to 34 C.F.R. 100.6(c) and 34 C.F.R. of the regulation implementing the Family Educational Rights and Privacy Act (F ERPA). 20 U.S.C. 1232g, OCR may review personally identi?able records without regard to considerations of privacy or con?dentiality. To facilitate the resolution process, OCR is requesting information relevant to the investigation and resolution of this complaint. Attached. you will ?nd a Data Request. We request that the specified data be provided to our Of?ce within fifteen (15) days of the date of this letter (November 11, 2015). In the event that additional time is needed to compile the necessary information. please feel free to contact me to request an extension. After receiving and reviewing the requested infomtation. it might be necessary for OCR to request additional information through supplemental data requests, interviews with personnel and, if necessary, an on-site visit. If an on-site visit is deemed necessary, you will be contacted to schedule a mutually convenient time for the visit. Please notify OCR of the name. of?ce address, and of?ce telephone number of the person who will serve as the contact person during the resolution of this complaint. Under OCR procedures. we are obligated to advise the institution against which a complaint has been ?led that intimidation or retaliation against a complainant is prohibited by regulations enforced by this agency. Specifically, the regulations enforced by OCR, directly or by reference. state 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 an individual has made a complaint, testi?ed. assisted or participated in any manner in an investigation, proceeding or hearing held in connection with a complaint. Under the Freedom of Information Act. it may be necessary to release this document and other related correspondence and records upon request. In the event we receive such a request, we 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 privacy. Page 4 Dr. Renu Khator. President If you have an uestions, lease feel free to contact me by telephone at (214) 661-9631 or by e-mail You mav also co act Team Leader Paul Coxe by telephone at (214) 661-9608 or by e-mailvat: Sincerely. Richard]. Cho. Attorney Of?ce for Civil Rights Dallas O?ice Attachment DATA REQUEST University of Houston (UH) OCR Reference: 06-15-2318 Page 2 Dr. Renu Khator. President Page 3 Dr. chu Khator. President Page 4 Dr. Renu Khator. President Page 5 Dr. Renu Khator. President