UNITED STATES DEPARTMENT OF EDUCATION REGION l? LINOIS OFFICE FOR CIVIL RIGHTS IOWA 500 WEST MADISON ST., SUITE 1475 CHICAGO, ll, 6(166le4544 NORTH DAKOTA WISCONSIN September 4, 2015 Ms. Cari Simon Attorney at Law Bode ierberg, LLP Attorneys and Counselors Ninth Floor, Connecticut Building 1 150 Connecticut Ave, NW Washington, D. C. 20036-4129 Re: OCR #05-15-2463 Dear Ms. Simon: On June 18, 2015, the US. Department ofEducation (Department), Of?ce for Civil Rights (OCR), received the above-referenced complaint you ?led against Southern Illinois University (University) alleging discrimination on the basis of sex on behalf of Student A. We conducted the evaluation in accordance with Case Processing Manual to determine whether to open the complaint for investigation. We have determined that we have the authority to investigate this complaint. Speci?cally, the complaint alleges that the University subjected Student A, an undergraduate student, to discrimination based on sex. The complaint raises whether the University fails to and equitably respond to com laints, reports and/or incidents of sexual violence of which it had notice, including an lN?n Responsive I report ofa sexual assault committed against Student A by a male student (Student B) in N?n Remus?: thereby creating for students a sexually hostile environment. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 USO. 1681-1688, and its regulation at 34 CPR. Part 106, which prohibit diserimination on the basis of sex and prohibits retaliation in any program or activity that. receives Federal financial assistance from the Department. Because OCR has determined that it has jurisdiction and that the complaint was ?led timely, it is opening the complaint for investigation. Please note that opening the complaint for investigation in no way implies that OCR has made a determination with regard to its 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 01? the allegation, in accordance with the provisions of Article ill of the Case Processing Manual. Page 2 of 2 Ms. Cari Simon (OCR #05-15-2463) When appropriate: a complaint may be resolved before the conclusion of an investigation when the recipient expresses an interest to resolve the complaint. In such cases, a resolution must be aligned with the complaint allegation or the information obtained during the investigation and it must be consistent with applicable regulations. Infonnation about this is in the enclosure to this letter. OCR is committed to prompt and effective service. If you have any questions, please contact Ms. Amy A. Truelovc, Senior Equal Opportunity Specialist at 312-730-1610 or by email at an1y.truelove@ed. gov. Sincerely, (kg/LL? Githw Dawn R. Matthias Team Leader Enclosure UNITED STATES DEPARTMENT OF EDUCATION 313:8}; OFFICE FOR CIVIL RIGHTS INDIANA 10th 500 WEST MADISON sr, SUITE ms MINNESOTA CHICAGO, IL 60661-4544 NORTH DAKOTA WISCONSIN September 4, 20 5 Mr. Randy Dunn, President Southern Illinois University Of?ce of the President Maileode: 6801 Carbondalc, Illinois 62901 Re: OCR #05-15-2463 Dear Mr. Dunn: On June 18, 2015, the Chicago of?ce of the .S. Department. of Education (Department), Of?ce for Civil Rights (OCR), received the above-referenced complaint of discrimination ?led against the Southern Illinois University (University) alleging discrimination on the basis of sex. We conducted the evaluation in accordance with Case Processing Manual to determine whether to open the complaint for investigation. We have determined that we have the authority to investigate this complaint. Speci?cally, the complaint alleges that the University subjected a female undergraduate student (Student A) to discrimination based on sex. The complaint raises whether the University fails to and equitably respond to complaints, reports and/or incidents of sexual violence of which it had notice, including an INon Responsive [report of a sexual assault committed against Student A by a male student (Student B) in N?n thereby creating for students a sexually hostile environment. OCR is reSponsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681-1688, and its implementing regulation at 34 Part l06. Title IX prohibits discrimination based upon sex in any educational program or activity operated by a recipient of Federal ?nancial assistance. As a recipient of Federal ?nancial assistance from the Department, the University is subject to this law. Additional information about the laws OCR enforces is available on our website at Because OCR has determined that it has jurisdiction and that the complaint was ?led timely, it is opening the complaint for investigation. Please note that opening the complaint for invesngation in no way implies that OCR has made a determination with regard to its 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 suf?cient and is dispositive of the allegation. in accordance with the provisions of Article of the Case Processing Manual. The Department ofEducation?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. Page 2 Mr. Randy Dunn, (OCR #05-15-2463) When apprOpriatc, 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, a resolution agreement signed by the recipient and submitted to OCR must be aligned with the complaint allegation or the information obtained during the investigation and it must be consistent with applicable regulations. Information about this is in the enclosure to this letter. Please read the enclosed document entitled Complaint Processing Procedures,? which includes information about: 0 complaint processing procedures; 0 Regulatory prohibitions against retaliation and intimidation of persons who ?le complaints with OCR or participate in an OCR investigation; and 0 Application of the Freedom of Information Act and the Privacy Act to OCR investigations. OCR intends to conduct a prompt investigation of this complaint. The regulation implementing Title VI of the Civil Rights Act of [964 at 34 CPR. 100.6(b) and (0) requires that a recipient of federal financial assistance make available to OCR information that may be pertinent to a compliance determination. This requirement is incorporated by reference in the regulation implementing Title IX at 34 CPR. 106.7l. Pursuant to 34 C.F.R. 100.6(c) and 34 CPR. (3) of the regulation implementing the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, OCR may review personally identi?able records without regard to considerations of privacy or con?dentiality. Accordingly, OCR is requesting that you provide the following information to us within twenty (20) calendar days from the date of this letter. Wherever possible, please provide the requested information in electronic format. If responsive data are available through the Internet, please provide the link to the data. I. A narrative response to the complaint. 2. The name and contact information for the University?s Title IX Coordinator and a description of how Students are informed of this individual?s name and contact information. 3. A copy of the University?s policies of nondiscrimination on the basis of sex and, if different, its policies on sexual violence, misconduct and/or harassment, along with a description of how students and employees are informed of these policies, and the names and titles of University staff reSponsible for implementing these policies. 4. A copy of the University?s grievance procedures for ?ling complaints of discrimination, including sexual violence, misconduct or harassment, a description of how students and employees are informed of these procedures, and the names and titles of University staff responsible for implementing these procedures. Page 3 Mr. Randy Dunn, (OCR #05v15-2463) 5. 6. 10. 13. A copy of the University?s policies and procedures for investigating reports of sexual violence, misconduct or harassment, and a description of how students and employees are informed of these policies and procedures. Include the names and titles of the University staff responsible for investigating these reports, as well as a description of each individual?s role in the process. An explanation of how criminal complaints are handled and of the effect of criminal complaints on the grievance process referenced in items #4 and including information about any University designated contact points for related criminal investigations and the process for communications with local law enforcement of?cials about the status ol?a criminal investigation and/or petential prosecution. If not included in the response to item a description of the role of campus or community law enforcement in the grievance procedures, including a description of any memorandum of understanding between the University and local law enforcement agencies. An explanation of how the University handles requests for con?dentiality made as part of the grievance procedures referenced in item A description of the services such as counseling, academic support, campus support, escort services, and no-contact orders that the University offers to individuals reporting sexual violence, misconduct or harassment. A description of the training provided to all individuals assigned by the University to investigate grievances alleging sexual violence, misconduct or harassment. A copy of all versions of the University?s Student Code of Conduct since the beginning of the 2012-2013 academic year. Identify the dates during which each version was effective. A copy ol?all written re ions of sexual violence, misconduct or harassment of Student A that occurred i and a narrative description of the sexual violence report that was made to the University in or around _on behalf of Student A. With regard to each written or verbal report of sexual violence, misconduct or harassment referenced in the response to item #12: a. A description with supporting documentation of any actions taken by the University to investigate and, if appropriate, respond to the written or verbal report; b. Copies of all notes, niernoranda, correspondence, and other documents regarding the report ol?sexual violence, misconduct or harassment and investigation, including but not limited to letters, internal memoranda, complaint forms, reports, electronic-mail communications and notes of meetings; Page 4 Mr. Randy Dunn, (OCR #05-15-2463list of any individuals interviewed in response to the allegation(s), and the notes and/or audio recordings of any such interviews; d. A copy of any ?ndings and statements of fact; e. A description of any action taken as a result of the investigation, and, if applicable, 3 written explanation of the reason(s) for not taking any action in ICSponse to the allegation(s); and f. If applicable, a copy of any written appeal, the material submitted with the appeal, the name(s) and title(s) of the person(s) responsible for handling the appeal with a description of each person?s role, the process used to decide the appeal, the outcome of the appeal, and any documents (including internal correSpondence and other notes) related to the appeal. A co of all documents and audio re to the hearing that took place in If?? legarding the allege N?n sexual misconduct. Include any and all documents provided to Student A an Student prior to the hearing. A copy of the complete discipline ?le for Student B. not included in the reSponse to item #15, a copy of all written reports of sexual violence, misconduct or harassment of any student by Student and a narrative description of all verbal reports of sexual violence, misconduct or harassment of any student by Student 8. With regard to each written or verbal report of sexual violence, misconduct or harassment referenced in the response to item #16: a. A description with supporting documentation of any actions taken by the University to investigate and, if appropriate, respond to the written or verbal report; b. Copies of all notes, memoranda, correspondence, and other documents regarding the report of sexual violence, misconduct or harassment and investigation, including but not limited to letters, internal memoranda, complaint forms, reports, electronic-mail communications and notes of meetings; A list of any individuals interviewed in response to the allegationts), and the notes and/or audio recordings of any such interviews; . A copy of any ?ndings and statements of fact; e. A description oi?any action taken as a result of the investigation, and, if applicable, a written explanation of the rcason(s) for not taking any action in reSponse to the allegation(s); and f. If applicable, a copy of any written appeal, the material submitted with the appeal, the name(s} and title(s) of the person(s) reSponsibie for handling the appeal with a description of each person?s role, the process used to decide the appeal, the outcome of the appeal, and any documents (including internal correspondence and other notes) related to the appeal. .0 Page 5 Mr. Randy Dunn, (OCR #05-15-2463) 18. 19. A description of each complaint of sexual violence, misconduct or harassment, ?led with the University during the 2012-13, 2013?2014, and 2014-15 academic years. For each complaint, provide: a. .00- A copy of the incident report or complaint or a narrative description of the complaint, if no incident report or written complaint exists: The status of the complainant e. g. student, professor, visitor, ete.). Indicate where the alleged sexual harassment, sexual assault or sexual violence occurred and whether the alleged perpetratorts) and the complainant were members of a University intercollegiate athletic team or members of a University sorority or fraternity. The name and title of the person who initially received the complaint. The names and titles of all others involved in the processing of the complaint. if the complaint was not investigated, a narrative explanation of why it was not. If the complaint was investigated, the names and titles of all individuals involved in the investigation of the complaint. A description of the procedures used to investigate the complaint and of all actions taken by the University. A copy of notes, correSpondence, witness statements, police reports, and other similar documentation used in the investigation of the complaint. A timeline of the University?s completion of each step of the investigation. A eOpy of the University?s written ?ndings or resolution of each complaint, or a narrative description if no written document exists, including a description of any corrective action taken and sanctions imposed. Indicate the method by which the complainant and the accused were noti?ed of this information verbally or in writing). Also indicate how the University made its determinations. A copy and/or description of all communication between the University and the complainant. and the University and the accused regarding this complaint. Provide a cepy and/or description of any follow-up communication between the University and these parties. If there was an appeal, provide the information requested in 19(a) for the appeals process. For each complaint of sexual violence, misconduct or harassment, ti led with the University from the beginning of the 2012-2013 academic year through the 2014? 2015 academic year that the University received in which an appeal was ?led, provide: a. The status of the appealing party (eg. student, professor, visitor, etc). b. A copy of all documentation and information related to the appeal, including written materials, communications and records of communications, internal notes and documentation, and any recordings of the appeal proceedings; e. The names and titles of all individuals involved in the processing of the appeal with a description of the individual?s role in processing the appeal; d. A description of the procedures used to resolve the appeal; Page 6 Mr. Randy Dunn, (OCR #05-15-2463) e. A copy of the University?s written ?ndings or resolution of each appeal, or a narrative description if no written document exists, including a description of any corrective action taken and sanctions imposed. indicate the method by which the complainant and the accused were noti?ed of this information verbally or in writing). Also indicate how the University made its determinations. f. A copy and/or description of all communication between the University and the complainant and the University and the accused regarding this appeal. Provide a copy and/or description of any follow-up communication between the University and these parties. 20. If not included in the reSponse to the above items, a copy ofall correspondence, memoranda, electronic mail messages, meeting notes and other documents concerning the allegation in this complaint, including correspondence between the University and Students A and B, as well as correspondence among University staff. 21. Any additional information the University deems relevant. Thank you for your cooperation in this matter. In addition to the information requested above, OCR may need to request additional information and interview pertinent personnel. If an on-site visit is necessary, we will work to schedule a mutually convenient time for the visit. Please notify OCR of the name, address. and telephone number of the person who will serve as the University?s contact person during the processing of this complaint. We would like to talk with this person as soon as possible to discuss the processing of this complaint and at that time, we will provide the identity of Student A and Student B. OCR is committed to prompt and effective service. If you have any questions, please contact Ms. Amy A. Truelove, Senior Equal Opportunity Specialist at 3 12-730-1610 or by email at amy.truelove@ed.gov. Sincerely, . in. it . stamina. Dawn R. Matthias Team Leader Enclosure