UNITED STATES DEPARTMENT OF EDUCATION REGION . . . . .. ILLINOIS or FOR (.Ivn. mom?s INDIANA 500 WEST MADISON ST. SUITE 1475 MENNEESOTA CHICAGO, IL 60661-4544 NORTH DAKOTA ISCON September 10, 20l 5 Non Responsive Re: OCR #05?15?2504 Non Responsive Dear The U. S. Department of Education (Department), Of?ce for Civil Rights (OCR) received the above-referenced complaint you ?led on July 27, 2015. against the University of Wisconsin? Whitewater(University) alleging discrimination on the basis of sex. OCR has carefully reviewed and evaluated your complaint and the information you provided by email and in telephone conversations with OCR staff. We conducted the evaluation in accordance with Case Processing Manuel to determine whether to Open the complaint for investigation. We have determined that we. have the authority to investigate your complaint. The Complainant alleges that the University discriminated against you on the basis ofsex. The complaint raises whether the University failed to and equitably rc5pon to complaints reports and/or incidents of sexual violence of which it had notice, including your N?n Resl?m?ve report of an N?n sexual assault and as a result you have been subjected to a sexually hostile environment. OCR is responsible for enforcing Title 1X of the Education Amendments of 1972 (Title IX), as amended, 20 U.S.C. 1681-1688, and its implementing regulation at 34 CPR. Part 106, which prohibit discrimination on the basis of sex and prohibits retaliation in any program or activity that receives Federal ?nancial assistance from the Department. As a recipient of federal ?nancial assistance from the Department, the University is subject to the provisions of Title IX. 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 oi" the allegation, in accordance Willi the provisions of Article of the Case Processing il/fanual. When appropriate, a complaint may be resolved before the conclusion ot?an investigation when the recipient expresses an interest to resolve the complaint. In such cases, a resolution must be Page 2 of2 (OCR #05-15-2504) 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. OCR is committed to prompt and effective service. If you have any questions, please contact Ms. Army A. Truelove, Senior Equal Opportunity Specialist at 312-730-1610 or by email at amy.truelove@ed. gov. Sincerely, gouty? . Dawn R. Matthias Team Leader Enclosure UNITED STATES DEPARTMENT OF EDUCATION REGION OFFICE FOR CIVIL RIGHTS [hm?i IOWA 500 WEST MADISON ST., sut'ri-t I475 MINNESOTA CHICAGO, n. 60661-4544 some DAKOTA Wisconsm September 10, 2015 Dr. Beverly Kopper Interim Chancellor University of Wiseonsin?Whitewater 800 West Main St. l-lyer Hall 42l Whitewater, Wisconsin 53190 Re: OCR #05-15-2504 Dear Dr. Kopper: On July 27, 2015, the Chicago of?ce of the US. Department of Education (Department), Of?ce for Civil Rights (OCR), received the above?referenced complaint of discrimination ?led against the University of isconsin-Whitewater (University) alleging discrimination on the basis of sex. OCR conducted an 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. The Complainant alleges that the University discriminated against her on the basis of sex. The complaint raises whether the University failed to and equitably respond to com .laints, reports and/or incidents of sexual violence of which it had notice, including Student A?s_ @teport of an -exual assault and as a result Student A has been subjected to a scxua ly hostile environment. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title 20 U.S.C. 1681-1688. and its implementing regulation at 34 CPR. Part 106. 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 fer 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-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 allegation, in accordance with the provisions of Article ill of the Case Processing Manual. Page 2 of 3 Dr. Beverly Kopper (OCR #05452504) 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, 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 Aer to OCR investigations. 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 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 C.F.R. l06.7l. Pursuant to 34 C.F.R. 100.6(c) and 34 C.F.R. (3) of the regulation implementing the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. I232g, 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. OCR will consider data provided by the University in response to complaint #05-14-2081, which contains similar allegations as the instant complaint. 1. A narrative response to this complaint. 2. A copy of all written reports of sexual violence, misconduct, retaliation or harassment of Student A, a narrative description oldie-sexual violence report, and a detailed description with supporting documentation of the University?s response(s) to the repeats). If not included in the response to the above items, a copy ol?all correspondence, memoranda, electronic mail messages (include internal emails amongst University staff, as well as emails between the University and Student A and Student B), investigative notes, meeting notes, no-contaet directives, and other documents related to the allegation in this complaint. 4. If not included above, a list of any individual(s) interviewed in response to the allegation and the notes and.?or audio recording(s) of any such interview(s). Page 3 of 3 Dr. Beverly Kopper (OCR #05- 5-2504) 5. A c0py of any ?ndings or statements of fact. 6. A description of any action taken as a result of the investigation, and, if applicable, a written explanation of the reason(s) for not taking any action in response to Student. A?s report(s) of sexual violence and/or retaliation. 7. A description of all of the information provided to Student A by the University resources) subsequent to her ?ling her N?n complaint of sexual violence. 8. A copy of the complete discipline ?le for Student 8, the alleged perpetrator. 9. Copies ot??les of reperts of sexual violence, misconduct, or harassment ?led with the University since its April 2015 response to data request for OCR #05?14-208 1. Any other information the University deems relevant to this complaint. 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 identities ofStudents A and 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 312?730-1610 or by email at amy.truelove@ed.gov. Sincerely, gas.? 2. trams? Dawn R. Matthias Team Leader Enclosure