UNITED STATES DEPARTMENT or EDUCATION REGION ILLINOIS OFFICE FOR CIVIL RIGHTS INDIANA low 500 WEST MADISON ST, SUITE 1475 MINNESOTA CHICAGO, IL 60661?4544 NORTH DAKOTA WISCONSIN September 1, 2015 Non Responsive Re: OCR Docket #05-15-2449 Non Res onsive Dear The US. Department of Education (Department), Of?ce for Civil Rights (OCR), has received and evaluated the above-referenced ceinplaint you ?led with OCR on June 5, 2015, against the Medical College of Wisconsin-Milwaukee Campus (College) alleging discrimination on the basis of sex. We conducted the evaluatiOn in accordance with OCR ?5 Case Processing Manual to determine whether to Open the complaint for investigation. We have determined that we have authority to investigate this complaint. The complaint alleges that the College discriminated against you on the basis of sex. The complaint raises whether the College failed to and equitably respond to complaints, reports and/or incidents of sexual violence of which it had notice, including your report of sexual assault in and, as a result, students, including you, were subjected to a sexually hostile environment. OCR is responsible for enforcing Title IX Of the Education Amendments of 1972 (Title IX), 20 20 U.S.C. 1681-1688 and its implementing regulation at 28 CPR. Part 106. Title IX prohibits retaliation and discrimination on the basis of sex in any education program or activity operated by a recipient of Federal ?nancial assistance. As a recipient of Federal ?nancial assisranee from the Department of Education, the College 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 this allegation 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-?nder, collecting and analyzing relevant evidence from the complainant, the recipient, and other sources, as appropriate. OCR will The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering cc'ucatiooal excellence and ensuring equal access. Non Responsive Page 2 ensure that its investigation is legally suf?cient and is dispositive of the allegations, in accordance with the provisions of Article of the Case Processing Manual. When appropriate, a complaint may be resolved before the conclusion of an investigation after the recipient asks 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 allegations 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. We will communicate with you periodically regarding the status of your complaint. Ifyou have any questions, please contact Ms. Janet Bonem, Equal Opportunity Specialist, at (312) 7304567 or by email at janet.bonem@ed. gov. Sincerely, Ohm Dawn R. Matthias Team Leader Enclosure UNITED STATES DEPARTMENT OF EDUCATION REGION I OFFICE FOR CIVIL RIGHTS ,g??lg?i IOWA 500 WEST MADISON ST., some 1475 MNNESOTA CHICAGO, n. 60661-4544 moan-z DAKOTA WISCONSIN September I, 20] 5 John R. Raymond, Sr., MD. President and CEO Medical College of Wisconsin 8701 Watertown Plank Road Milwaukee, Wisconsin 53226 Re: OCR Docket #05-15-2449 Dear Dr. Raymond: The US. Department of Education (Department), Of?ce for Civil Rights (OCR), has received and evaluated the above-referenced complaint ?led with OCR on June 5, 2015, against the Medical College of Wisconsin-Milwaukee Campus (College) 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 authority to investigate this complaint. Speci?cally, the Complainant alleges that the College discriminated against her on the basis of sex. The complaint raises whether the College failed to and equitably respond to complaints, reports and/or incidents of sexual violence of which it had notice, including Student A?s Respms?ve 'cports ofa sexual assault by another student that occurred off-campus 1 and as a result students, includtn_ Student A, were subjected to a sexually hostile environment throughout the dcademie year. 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 28 Part 106. Title IX prohibits retaliation and discrimination on the basis of sex in any education program or activity operated by a recipient of Federal ?nancial assistance. As a recipient of Federal ?nancial assistance from the Department, the College 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 filed timely, it is opening this allegation 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??nder, collecting and analyzing relevant The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. Page 2 Dr. John R. Raymond. 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 the Case Processing Manual. In addition to ECR, when appropriate, a complaint may be resolved before the conclusion of an investigation after the recipient asks 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 allegations 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, which includes information about: 0 complaint processing procedures, including the availability of 0 Regulatory prohibitions against retaliation and intimidation of persons who lile 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, at 34 C.F.R. 100.6(b) and requires that a recipient of Federal ?nancial assistance make available to OCR information that may be pertinent to a compliance determination. This requirement is incorporated by reference in the regulations implementing Title IX. Pursuant to 34 CPR. 100.6(0) and 34 CPR. 99.3 1 ofthe 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. 1. A narrative response to the complaint. 2. The name and contact information for the College?s Title IX Coordinator and a description of how students are informed of this individual?s name and contact information. 3. A cepy of the College?s policies of nondiscrimination on the basis of sex and, if different, its policies on sexual violence, misconduct and/or harassment, along with a Page 3 Dr. John R. Raymond. 10. description of how students and employees are informed of these policies, and the names and titles of College staff responsible for implementing these policies. A copy of the College?s grievance procedures for 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 College staff responsible for implementing these procedures. An explanation of how criminal complaints are handled and of the effect of criminal complaints on the grievance process referenced in item including information about any College designated contact. points for related criminal investigations and the process for communications with local law enforcement of?cials about the status of a criminal investigation and/or potential prosecution. If not included in the reSponse to item #4 and 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 College and local law enforcement agencies. An explanation of how the College handles requests for con?dentiality made as part of the grievance procedures referenced in item A description of the training provided to all individuals assigned by the College to investigate grievances alleging sexual violence, misconduct or harassment. A copy of the College?s Student Code of Conduct for the 2012-2013, 2013-2014, and the 2014-15 academic years. Non Responsive A narrative description of Student A?s 'eports of sexual violence, misconduct or harassment. With regard to each report of sexual violence, misconduct or harassment referenced in the response to item #10: a. A description with supporting documentation of any actions taken by the College to investigate and, if appropriate, respond to the written or verbal report; b. Cepics ol?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; c. A list of any individuals interviewed in response to the allegation(s), and the notes of any such interviews; (1. A copy ofany findings and statements of fact; and Page 4 - Dr. John R. Raymond. 13. 14. 15. 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 the allegation(s). A cepy of the complete discipline tile for Student B. If not included in the response to item #12, 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 B. With regard to each written or verbal report of sexual violence, misconduct or harassment referenced in the response to item #13: a. b. A description with supporting documentation oI'any actions taken by the College to investigate and, if appropriate, respond to the written or verbal report; 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 allegation(s), and the notes of any such interviews; A copy of any ?ndings and statements oi?tiact; and 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 the allegation(s). A list of all other complaints of sexual violence, misconduct or harassment (written or verbal) filed with the College during the 2012-2013, 2013-2014, and 2014-2015 academic years, with the lbllowing information: a. h. A description with supporting documentation of any actions taken by the College to investigate and, if appropriate, respond to the written or verbal report; Copies of all notes, memorauda, correspondence, and other documents regarding the report of sexual violence, misconduct or harassment and investigation, including but not limited to letters, internal rnemoranda, complaint forms, reports, electronic?mail communications and notes of meetings; A list of any individuals interviewed in response to the allegation(s), and the notes of any such interviews; A cepy of any findings and statements of fact; and 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 the allegation(s). Page 5 Dr. John R. Raymond. 16. If not included in the response to the above items, a copy of all correspondence, mernoranda, electronic mail messages, meeting notes and other documents concerning the allegation in 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 College?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. Janet Bonem, Equal Opportunity Specialist, at (312) 73 0-1 567 or by email at janet.bonein@cd.gov. Sincerely, l\ Comm R. ?\th Dawn R. Matthias Team Leader Enclosure