UNITED STATES DEPARTMENT OF EDUCATION REGION OFFICE FOR CIVIL RIGHTS IRISIXRI: IOWA 500 WEST MADISON ST., SUITIZ I475 MINNESOTA CHICAGO. IL 60661-4544 NORTH DAKOTA WISCONSIN November 5, 2015 Non Responsive Re: #05-15-2521 St. Cloud State University Non Dear Responsive On August 21, 2015, the US. Department of Education (Department), Of?ce for Civil Rights (OCR), received the complaint you ?led against St. Cloud State University (University) alleging discrimination on the basis of sex and disability. Speci?cally, you allege: 1. During the-academic year, 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 the N?n R?Sp?nsm report of sexual assault of Student A, thereby creating for students a sexuallyhost?e environment. 2. The University'subiected Student A In discriminnt'on based on disability (depression) from R?SP?nsw? endemic year when it refused to modify its policy prohibiting Non tudent A requested 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, 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in any education program or activity operated by a recipient of Federal ?nancial assistance. OCR is also responsible for enforcing Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. 794, and its implementing regulation, 34 C.F.R. Part 104, which prohibits discrimination on the basis of disability by recipients of Federal ?nancial assistance. Finally, OCR is also responsible for enforcing Title II of the Americans with Disabilities Act of 1990 (Title II), 42 U.S.C. 12132, and its implementing regulation at 28 C.F.R. Part 35. Title II prohibits discrimination on the basis ofdisability by public entities. As a recipient of Federal ?nancial assistance from the Department and a public entity, the University is subject to these laws. Additional information about the laws OCR enforces is available on our website at The Department ot?Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. ww? .cd. gov Non Responsive OCR 05-15-2531 Page 2 012 We conducted the evaluation in accordance with Case Processing Manual to determine whether to open your complaint for investigation. We have determined that we have the authority to investigate this complaint. Because OCR has determined that it has jurisdiction and the allegations were ?led timely, it is Opening the allegations for investigation. Please note that opening the allegations 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 providing an early opportunity for the parties involved to resolve the allegations. Some information about the ECR process is in the enclosure to this letter. In addition, when appropriate, a complaint may be resolved before the conclusion of an investigation a?er 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. OCR is committed to prompt and effective service. If you have any questions, please contact Miguel F. igueras, attorney, at (312) 730-1586 or miguel.ligueras/Qiedgov. ?din/Z Ann Cook-Graver Supervisory Attorney Enclosure UNITED STATES DEPARTMENT OF EDUCATION LLIN IS OFFICE FOR CIVIL RIGHTS IOWA 500 WEST MADISON ST.. SUITE I475 MINNESOTA CHICAGO, IL 60661-4544 NORTH DAKOTA WISCONSIN November 5, 2015 Mr. Earl H. Potter 111 President St. Cloud State University 720 4?h Avenue South St. Cloud, MN 65301-4498 Re: OCR Docket #05-15-2521 St. Cloud State University Dear Mr. Potter: On August 21, 2015, the Chicago of?ce of the US. Department of Education (Department), Of?ce for Civil Rights (OCR), received the above-referenced complaint ?led against St. Cloud State University (University) alleging discrimination on the basis of sex and disability. We conducted the evaluation in accordance with Case Processing Manual (CPM) to determine whether to open the complaint for investigation. We have determined that we have the authority to investigate this complaint. Speci?cally, the University discriminated against a female undergraduate student with a disability (anxiety) (Student A) when: 1. During the -academic year, the University subjected 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 the late N?n eport of sexual assault of Student A, thereby creating for students a sexually hostile environment. 2. The University subjected Student A to discrimination based on disability (depression) ?'om 0n lacademic year when it refused to modify its polic, 0? lafter Student A requested 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, 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in any education program or activity Operated by a recipient of Federal ?nancial assistance. OCR is also responsible for enforcing Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. 794, and its implementing regulation, 34 CPR. Part 104, which prohibits discrimination on the basis of disability by recipients of Federal ?nancial assistance. Finally, OCR is also responsible for enforcing Title II of the 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 Mr. Potter OCR 05-15-2521 Page 2 ol?7 Americans with Disabilities Act of 1990 (Title II), 42 U.S.C. 12132, and its implementing regulation at 28 C.F.R. Part 35. Title II prohibits discrimination on the basis of disability by public entities. As a recipient of Federal ?nancial assistance from the Department and a public entity, the University is subject to these laws. Additional information about the laws OCR enforces is available on our website at OCR has determined that it has jurisdiction and that the allegation is timely, and is therefore 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 sufficient and is dispositive of the allegation, in accordance with the provisions of Article of the CPM. OCR offers, when appropriate, an Early Complaint Resolution (ECR) process to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegation. Some information about the ECR process is in the enclosure to this letter entitled Complaint Processing Procedures." 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 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 ?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 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 C.F.R. 106.71. Pursuant to 34 C.F.R. 100.6(c) and 34 .F.R. of the regulation Mr. Potter OCR 05-15-2521 Page 3 of 7 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 forward the following information to us within ?fteen (15) calendar days from the date of this letter. Please provide the requested information in electronic format. 1. A narrative response to the complaint allegations. 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 complaints of discrimination based on sex, 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. 5. 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. 6. 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 University 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. 7. An explanation of how the University handles requests for con?dentiality made as part of the grievance procedures referenced in item 8. Any handouts, ?iers or other informational material provided to complainants and/or their advocates who report sexual assault when they invoke any grievance processes and a copy of any Victim?s Bill of Rights provided to complainants and/or their advocates when or after a grievance is ?led or contemplated. Mr. Potter OCR 4' 05-15-2521 Page detailed description of any training provided to the University?s Title IX Coordinator or other University personnel regarding sex discrimination, including any training covering sexual harassment and sexual violence, and how to respond to a Title IX complaint, including how to conduct a Title IX investigation, the date(s) the training was provided, the names and quali?cations of the individuals who provided the training, a list of the names and titles of the individuals who attended the training, and a copy of any materials distributed at the training. A copy of the University?s Student Code of Conduct for the 2012-2013, 2013-2014, and 2014-2015 academic years. A copy of al written reports of sexual violence, misconduct or harassment of Student A during the R?sp?n5iv? academic year, and a narrative description of all verbal reports of sexual violence, misconduct or harassment of Student A during th- -academic year. With regard to each written or verbal report of sexual violence, misconduct or harassment referenced in the response to item #1 l: 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; 0. A list of any individuals interviewed in response to the allegation(s), and the notes of any such interviews; d. A copy of any ?ndings and statements of fact; and e. 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 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 #14: Mr. Potter OCR 05-15-2521 Page description with supporting documentation of any actions taken by the University 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 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). A description of how the University records and tracks complaints of discrimination based on sex, including sexual violence and other types of sexual harassment, as well as any monitoring that takes place after complaints are received, investigated, and responded to. A list of all other complaints of sexual violence, misconduct or harassment (written or verbal) ?led with the University during the 2012-2013, 2013-2014, and 2014-2015 academic years, with the following information for each: A description with supporting documentation of any actions taken by the University 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 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). A copy of any campus climate survey questionnaire utilized by the University during the 2012-2013, 2013-2014 and 2014-2015 school years, and the results of each survey. For the 2012-2013 academic year to present, a copy of the University?s Clery Act reports. Mr. Potter 05-15-2521 Page not provided in response to the items above, the following information for each incident of sexual violence, sexual assault or sexual misconduct identi?ed in the University?s Clery Act reports: 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; c. A list of any individuals interviewed in response to the allegation(s), and the notes of any such interviews; d. A copy of any ?ndings and statements of fact; and e. 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 copy of the University?s policies and procedures to determine student eligibility for academic adjustments, reasonable modi?cations and/or auxiliary aids and services due to disability along with copies of the forms used in this process. A copy of the University?s policy and procedures to provide academic adjustments, reasonable modi?cations and auxiliary aids and services to students with disabilities. A list of Disability Services Of?ce staff who worked with Student A during the- .school year. For the years 2013-14 to present, identify any training provided to the University?s personnel at the school regarding serving students with disabilities, including the date(s) the training was provided, the names and quali?cations of the individuals who provided the training, a list of the names and titles of the individuals who attended the training, and a copy of any materials distributed at the training. A copy of Student A?s entire ?le with the University?s Disability Services Of?ce. Copies of any and all communications between the University and Student A related to the provision of academic adjustments reasonable modi?cations, and/or auxiliary aids and services to Student A during thele?1 . school year. Mr. Potter OCR 05-15-2521 Page 7 ol' 7 26. If not included in the response to the above items, a copy of all correspondence, memoranda, electronic mail messages, meeting notes and other documents concerning the allegations 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. We will work to schedule a mutually convenient time for an onsite visit subsequent to receipt and review of the above requested data. 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 we will, at that time, identify Student A and Student B. . OCR is committed to prompt and effective service. If you have any questions, please contact Mr. Miguel F. Figueras, Civil Rights Attorney, at 312-730-1578 or by email at Sincerely, 2342621. Ann Cook Graver Supervisory Attorney Enclosure Page 20 of 72 Withheld pursuant to exemption of the Freedom Of Information and Privacy Ad Page 21 of 72 Withheld pursuant to exemption of the Freedom Of Information and Privacy Ad Page 22 of 72 Withheld pursuant to exemption of the Freedom Of Information and Privacy Ad Page 23 of 72 Withheld pursuant to exemption of the Freedom Of Information and Privacy Ad Page 24 of 72 Withheld pursuant to exemption of the Freedom Of Information and Privacy Ad Page 25 of 72 Withheld pursuant to exemption of the Freedom Of Information and Privacy Ad Page 26 of 72 Withheld pursuant to exemption of the Freedom Of Information and Privacy Ad Page 27 of 72 Withheld pursuant to exemption of the Freedom Of Information and Privacy Ad