UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS, REGION XV REGIONXV 1350 EUCLID AVENUE. SUITE 325 3'33?? CLEVELAND, OH 44IIS November 24, 20l5 (C), Nonresponsive Re: OCR Docket #15-16-2009 Dea On October 16, 2015, the US. Department of Education, (Department) Of?ce for Civil Rights (OCR), received your complaint against Oberlin College (the College). The complaint alleges that the College discriminated against y0u based on sex. Speci?cally, the complaint alleges that the College failed to conduct an adequate, reliable, and impartial investigation on a complaint ofsexual assault and sexual harassment I The complaint also alleges that. OCR is responsible for enforcing Title lX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq, and its implementing regulation at 34 CPR. Part 106. Title IX prohibits discrimination on the basis of sex in education programs and activities that receive Federal ?nancial assistance from the Department. Title IX also prohibits retaliation against individuals who engage in activities protected by this law. As the College is a recipient of Federal ?nancial assistance from the Department, it is subject to the requirements ofTitle IX. Because OCR has determined that it has jurisdiction over the complaint allegations and the complaint was timely ?led, OCR is opening these allegations for investigation. Based on the complaint allegations, OCR will investigate: it Whether the College provided a prompt and equitable response to a sexual harassment complaint as required by the Title IX implementing regulation at 34 C.F.R. 106.8(b) and 106.35. The Department ofEducatimi '3 mission is to promote student achievement and preparation for global competitiveness- big/ostering educational excellence and ensuring equal access. ia'wu'edgov Page 2 - 0 Whether the College intimidated, threatened, coerced, or discriminated against an individual for the purpose of interfering with any right or privilege secured by Title or because the individual made a complaint, testified, assisted or participated in any manner in an investigation, proceeding or hearing under Title IX, in violation of the Title IX implementing regulation at 34 CPR. 106.71. 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 allegations in accordance with the provisions of Article 111 of Case Processing Manual. OCR works to resolve allegations of discrimination and apprOpriately. We will communicate with you periodically during our investigation. When contacting our of?ce about your case, please refer to OCR Docket #15-16-2009. if you have questions, please contact Brenda Redmond or Lawrence F. Wilson, the OCR staff who are assigned to investigate this complaint. Ms. Redmond can be reached by phone at (2 6) 522-2667 or by e-mail at Brenda. Redmond@ed. gov. Mr. Wilson can be reached by phone at (216) 522-4977 or by e-mail at Lawrence.Wilson@ed.gov. y, 321171 tie/M Lisa M. Lane Supervisory Attorney/Team Leader UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS. REGION XV REG ION 1350 EUCLID AVENUE, SUITE 335 giggle?; CLEVELAND. OH 44l l5 November 24, 2015 Marvin Krislov President Oberlin College 173 West Lorain Street Oberlin, Ohio 44074 Re: OCR Docket #15-16-2009 Dear President Krislov: On October 16, 2015, the US. Department of Education (Department), Of?ce for Civil Rights (OCR), received a complaint against Oberlin College (the College). The complaint alleges that the College discriminated against a former student (the Student) based on sex Speci?cally, the complaint alleges that the College failed to conduct an adequate, reliable, and 1m arti harassment that was made Nonresponswe complaint also alleges that, OCR is reSponsible for enforcing Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 at seq., and its implementing regulation at 34 CPR. Part l06. Title IX prohibits discrimination on the basis of sex in education programs and activities that receive Federal ?nancial assistance from the Department. Title IX also prohibits retaliation against individuals who engage in activities protected by this law. As the College is a recipient of Federal ?nancial assistance from the Department, it is subject to the requirements of Title IX. Because OCR has determined that it has jurisdiction over the complaint allegations and the complaint was timely ?led, OCR is Opening these allegations for investigation. Based on the complaint allegations, OCR will investigate: The Department ofEducazion? missiori is to promote student achievement and p; 12?- global competitiveness byfosten'ng educational excellence and ensuring a qua! .9 ll. it. ed. gov Page 2 President Marvin Krislov 9 Whether the College provided a prompt and equitable reSponse to a sexual harassment complaint as required by the Title lX implementing regulation at 34 CPR. 106.803) and 106.31. 0 Whether the College intimidated, threatened, coerced, or discriminated against an individual for the purpose of interfering with any right or privilege secured by Title IX or because the individual made a complaint, testified, assisted or participated in any manner in an investigation, proceeding or hearing under Title lX, in violation of the Title 1X implementing regulation at 34 CPR. 106.71. 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 sufficient and is dispositive of the allegations in accordance with the provisions of Article 111 of Case Processing Manual. For your reference, the enclosed document, entitled Complaint Processing Procedures,? includes information about: 0 complaint evaluation and resolution procedures, including the availability of Early Complaint Resolutioa 0 regulatory prohibitions against retaliation, intimidation and harassment of persons who ?le complaints with OCR or participate in an OCR investigation; and the application of the Freedom of Information Act and the Privacy Act to OCR investigations. Additional information about the laws OCR enforces is available on Our website at OCR intends to conduct a prompt investigation of this complaint. The Title VI regulation, at 34 CPR. 100.6, requires that a recipient of Federal ?nancial assistance make available to OCR information that may be pertinent to reaching a compliance determination. The Title lX regulation incorporates those requirements by reference at 34 C.F.R. 106.71. In addition, in accordance with the Title VI regulation at 34 CPR. 100.6(c) and the regulation implementing the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, at 34 CPR. OCR may review personally identifiable records without regard to considerations of privacy or con?dentiality. Accordingly, we are requesting that you forward the following information to us within 15 calendar days of the date stamped at the top of this letter. Wherever possible. please provide the requested information electronically (and hates-labeled if you have that capability); otherwise please provide the information via hard copy: 1. a copy of any College policies or procedures in effect during the Page 3 President Marvin Krislov ls.) U: lacademic years that address discrimination and harassment based on sex involving students, including the College?s Title IX grievance procedures, applicable disciplinary procedures and codes, appeal procedures, and nondiscrimination notices; if any of the above policies or procedures changed over the applicable time period, please provide a copy of all documents that re?ect each change and note the date(s) when the new policy or procedure became applicable; the name(s) and title(s) of the College?s Title IX coordinator(s), and any deputy or In addition, please note when each individual assumed his or her position, and provide an explanation of how that person or persons? identity and contact information are disseminated to students, faculty, staff, and administrators; the names and titles of any College personnel responsible for investigating incidents ofdiscrimination and harassment based on sex or implementing any part ot?the College?s Title IX grievance process; a description of how the College handles requests for con?dentiality by those reporting incidents of discrimination and harassment based on sex; a cepy of all documentation stored in any location, including electronic recordkeeping systems, concerning any formal or informal complaints or reports of sexual assault or sexual harassment made to the College against the Student including: kl a. a copy of any written complaints or reports, and a detailed description of any verbal complaints; b. a copy of all investigative tiles, interview memoranda, witness statements, and related documents concerning any College investigation of these complaints or reports; c. a c0py of any records related to any hearings held regarding each complaint, including but not limited to hearing transcripts, video or audio recordings, notes, and cepies of any documentatioa or other evidence presented or considered as part of the hearing; d. a cow of any documents showing the steps of the investigation and the results of the College?s investigation, including any correspondence, e-mails and other documents, as well as how the College noti?ed pertinent parties of the outcome of each investigation; Page 4 - President Marvin Krislov a copy of any appeals ?led by either party and documentation regarding the College?s processing of each appeal, including but not limited to any documentation, records or other information the College relied on in making a determination regarding the appeal, including with respect to sanctions, and any notice provided to the parties regarding the outcome of the appeal; a detailed description of any action the College took to stop any harassment or discrimination and to prevent any additional discrimination or harassment based on sex, while each complaint or report was being investigated (interim measures) or after the investigation concluded; a copy of any documents, including student discipline records, memoranda, e-mails, notes, or other documents, that discuss or relate to any disciplinary or other remedial action the College took in response to each complaint or report. 7. a cepy of all documentation stored in any location, including electronic rccordkeeping systems, concerning any formal or informal complaints or reorts of sexual assault or sexual harassment made to the College from ?through the date of this request (including, but not limited to those received by College personnel, campus police, College Housing, or those received elsewhere and then referer to the College) or investigated/resolved by the College during that time period, including: a copy of any written complaints or reports, and a detailed description of any verbal complaints; a copy of all investigative ?les, interview memoranda, witness statements, and related documents concerning any College investigation of these complaints or reports; a copy of any documents showing the steps of the investigation and the results of the College?s investigation, including any correspondence, e-mails, and other documents, as well as how the College noti?ed pertinent parties of the outcome of each investigation; a detailed description of any action the College took to stop any harassment or discrimination and to prevent any additional discrimination or harassment based on sex, while each complaint or report identi?ed in response to request above was being investigated (interim measures) or a?er the investigation concluded; and Page 5 President Marvin Krislov l2. l3. 14. e. a copy of any documents, including student discipline records, memoranda, e-mails, notes, or other documents, that discuss or relate to any disciplinary or other remedial action the College took in reSponse to each complaint or report identi?ed in response to request above; if not included in responses above, copies of all communications, including letters, e-mails, notes, memoranda, reports, notices, or other communications sent or received by College faculty, staff, administration, and/or Trustees that discuss, relate or refer to the complaints or reports identi?ed under requests #6 and #7 above; if not included in responses above, a cepy ofany notes, agendas, summaries, or follow-up communication related to any meetings between College staff and the Student regarding any allegations of, or remedies for, sexual assault or sexual harassment; if not included in responses to request #7 above, cepies of any notes, agendas, summaries or follow-up communication related to any meetings between College staff and the complaining or accused student(s) regarding any allegations of, or remedies for, sexual assault or sexual harassment; a description and copies, if applicable. nLauLsLenf the College took during the academic years to make students, faculty, and staff at the College aware of the policies and procedures identi?ed in response to requests 1 or 2 above, such as publications, website statements, and/or training; a description of the ways in which the College communicates with students, staff, and other members of the campus community about its processes for addressing sexual assault or sexual harassment (for example. through its web site, speci?c publications, Specific other electronic means, etc); a description of any training regarding Title as it applies to sexual assault or sexual harassment the College provided or offered to 1 College nersgn?mi (2) College students during the academic years. For each training, include the date of the training; the target audience; copies of any related materials distributed at the trainings; and a description of the background/expertise of the individual who provided training; a cupy of any and all brochures, pamphlets, or other materials that are disseminated by the College to students regarding sexual assault or sexual Page 6 President Marvin Krislov harassment, the rights of complainants and accused individuals, and/or other campus resources available to assist those facing sexual assault or sexual harassment; 15. a description of how the College has assessed the campus climate regarding sexual and sex~based harassment issues, conducted self- assessments, collected data, or monitored sexual and sex-based assaults or harassment on campus, if at all, for the academic years. Please provide any summaries or interim or final reports that describe the outcome of these efforts; and 16. any other information you believe relevant to the complaint allegation. Thank you for your cooperation in this matter. We also may need to interview individuals at the College with knowledge of the facts of this case- If we determine that an onsite visit is necessary, we will contact you to schedule a mutually convenient time for Our visit. Upon receipt ofthis letter, please notify OCR of the name, address, and telephone number of the person who will serve as the College?s contact person during investigation. If you have questions, please contact Brenda Redmond or Lawrence P. Wilson, the OCR staff who are assigned to investigate this complaint. Ms. Redmond can be reached by phone at (216) 522-2667 or by e-mail at Brenda.Redmond@ed.nov. Mr- Wilson can be reached by phone at (216) 522-4977 or by e-mail at Sincerely, [4:2 .. I, I ~16 llmA/Q/ Lisa M. Lane Supervisory Attorney/Team Leader Enclosure