UNITED STATES DEPARTMENT OF EDUCATION REGION ILLINOIS OFFICE FOR RIGHTS INDIANA IOWA 500 WEST MADISON s11, sum; 1475 MINNESOTA Cl ucnco. n. 60661?4544 NORTH DAKOTA WISCONSIN December 15, 2015 Ms. Rachel JohnSOn Chicago Alliance Against Sexual Exploitation 307 N. Michigan Avenue, Suite 1818 Chicago, IL 60601 Re: OCR #05-15-2549 Dear Ms. Johnson: This is to notify you that the US. Department of Education (Department), Of?ce for Civil Rights (OCR), has carefully evaluated the above-referenced complaint you ?led with OCR, on September 15, 2015, on behalf of your client, Student A, against the Columbia College of Chicago, 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 your complaint. Your complaint alleges that the College discriminated against Student A, a student at the College, on the basis of sex. The complaint raises whether the College fails to and equitably respond to complaints, reports and/or incidents of sexual violence of which it has notice, including your N?n ReSP?mSivc eport of an off-campus sexual assault by a College student (Student B), thereby creating for students a sexually hostile environment. OCR is responsible for Title IX of the Education Amendments of 1972 (Title IX), 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 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 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 frozn 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 of the Case Processing Manual. 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 - Ms. Rachel Johnson 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. 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. including the availability of 0 Regulatory prohibitions against retaliation and intimidation of persons who file 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 is committed to prompt and effective service. If you have any questions, please contact Tom Okawara, Senior Equal Opportunity Specialist at 312-730-1597 or by email at tom.okawara@ed.gov. Sincerely, Aleeza Strubel Supervisory Attorney Enclosure UNITED STATES DEPARTMENT OF EDUCATION REGION . ILLINOIS OFFICE FOR CH IL mom 5 IOWA 500 wesr MADISON sons 1475 CHICAGO. IL 60661-4544 nonrn DAKOTA WISCONSIN December 15, 2015 Dr. Kwang~Wu Kim President Columbia College 600 S. Michigan Avenue Chicago, Illinois 60605 Re: OCR Docket #05~15-2549 Dear Dr. Kim: The US. Department of Education (Department), Of?ce for Civil Rights (OCR), has completed its evaluation of the above-referenced complaint filed against Columbia College Chicago (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 the authority to investigate this complaint. The complaint alleges that the College discriminated against a College student (the Complainant) on the basis of sex. The complaint raises whether the College fails to and equitably respond to complaints, re-orts and/or incidents of sexual violence of which it has notice, including the Complainant?s" report of an off-campus sexual assault by a College student (Student B), thereby creating for students a sexually hostile environment. OCR is responsible for Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681-1688. and its implementing regulation at 34 C.F.R. 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 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 hasjurisdiction and that the complaint was filed 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 of the allegation, in accordance with the provisions of Article of the Case Processing Manual. The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. edge Page 2 Dr. Kwang~Wu Kim 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 9 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 1964 at 34 CPR. l00.6(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 regulation implementing Title IX at 34 .F.R. 106.71. Pursuant to 34 CPR. 100.6(0) and 34 C.F.R. 99.3l(a) (3) of the regulation implementing the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, OCR may review personally identifiable 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. Page 3 Dr. Kwang-Wu Kim 5. 10. 11. Page 4 Dr. Kwang-Wu Kim 12. Page 5 - Dr. Kwang-Wu Kim 17. 18. 19. 20. Page 6 Dr. Kwang?Wu Kim 21. 24. 27. Page 7 Dr, Kwang~36. Page 8 Dr. Kwang-Wu Kim 37. Thank you for your c00peration 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 Coliege?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. OCR is committed to prompt and effective service. If you have any questions, please contact Tom Okawara, Senior Equal Opportunity Specialist at 312?730-1597 or by email at tom.okawara@ed.gov. Sincerely, AW and Aleeza Strubel Supervisory Attorney Enclosure