UNITED STATES DEPARTMENT OF EDUCATION REGION ILLINOIS OFFICE FOR CIVIL RIGHTS INDIANA IOWA 500 WEST MADISON ST.. SUITE I475 MINNESOTA IL 6066l-4544 NORTH DAKOTA WISCONSIN June 30, 2015 Non Responsive 1x OCR Docket 05?15-2454 Non Responsive Dear 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 May 13, 2015 against Indiana University-Bloomington (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 University discriminated against you on the basis of sex by failing to and equitably respond to your complaint of sexual violence by another University student (Student B) during the N?n R?5P?n3iv? 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 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 University is subject to the provisions of Title IX and its implementing regulations. Because OCR has determined that it has jurisdiction and that the complaint was timely ?led, it is opening the 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 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. OCR offers, when appropriate, an Early Complaint Resolution (ECR) process to facilitate the voluntary resolution of complaints by proving an early opportunity for the parties involved to resolve the allegation(s). Some information about the EC process is in the enclosure to this letter entitled Complaint Processing Procedures." The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. gov Page 2 In addition, 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. If you have any questions, please contact Lauren Lowe, Attorney, at 312-730-1584 or by email at lauren.lowe@ed. gov. Sincerely, West Aleeza Strubel Supervisory Attorney Enclosure UNITED STATES DEPARTMENT OF EDUCATION REGION OFFICE FOR CIVIL RIGHTS :h?gm'i IOWA 500 WEST MADISON ST.. SUITE I475 MINNESOTA CHICAGO. IL 60661-4544 NORTH DAKOTA WISCONSIN June 30, 2015 Michael A. McRObbie, President Indiana University Bryan Hall 200 107 South Indiana Ave. Bloomington, IN 47405 RE: OCR Docket 05-15-2454 Dear Dr. McRobbie: 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 ?led with OCR on May 13, 2015 against Indiana University-Bloomington (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 Complainant (Student A) alleges that University discriminated against her on the basis of sex by failing to and equitably reSpond to her complaint of sexual violence by another University student (Student B) during the [Non Responsive 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 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 the provisions of Title IX and its implementing regulations. Because OCR has determined that it has jurisdiction and that the complaint was timely ?led, it is opening the 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 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 when the recipient expresses an interest to resolve the complaint. In such cases, a resolution agreement signed by the recipient and submitted to OCR must be aligned with the allegation The Department OfEducation?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. gov Page 2 in the complaint or the information obtained during the investigation and it must be consistent with applicable regulations. Information about this process 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 ofthe 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 (Title VI) at 34 C.F.R. ?100.6(b) and requires that a recipient of Federal financial assistance make information that may be pertinent to reach a compliance determination available to OCR. This requirement is incorporated by reference by the regulation implementing Title IX at 34 .F.R. 106.71. Pursuant to 34 C.F.R. 100.6(c) and 34 C.F.R. ofthe regulation implementing the Family Educational Rights and Privacy Act (F ERPA). 20 U.S.C. 1232g, OCR may review personally identi?able records without regard to considerations of privacy or confidentiality. Accordingly, OCR is requesting that you forward the following information to us within ?fteen (15) 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. 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. Thank you for your cooperation in this matter. In addition to the information requested above. OCR will contact Ms. Kiply Drew. Senior Associate General Counsel for the University to discuss this complaint with her and to identify Student A for the University. OCR is committed to prompt and effective service. If you have any questions. please contact Lauren Lowe. Attorney. at 312?730-1584 or by email at Sincerely. ?ueikl i Aleeza Strubel Supervisory Attorney Enclosure