STATES OF EDUCATION umuox OFFICE FOR RIGHTS. REGION (ii i'll Si. . Sill-ii l?H-Hl IlNNl-S?ll II 30303-8027 June 23. 20l5 Lawrence M. Schall. lid.D. President Oglethorpe University 4484 Peachtree Road. NE. Atlanta. GA 30319 Re: OCR Reference No. 04-15-2349 Dear Dr. Schall: On May 5. 2015. the U.S. Department of Education (Department), Of?ce for Civil Rights (OCR). received a complaint against Oglethorpe University (University), which alleged the University engaged in discrimination on the basis of sex. Speci?cally. the Complainant Non alleged that the University engaged in discrimination on the basis of sex against N0n Responsive (Student) when it failed to respond to notice of student on student sexual Violence In a prompt and equitable manner. OCR determined that it has the authority to investigate this complaint consistent with OC R's complaint procedures and applicable law. OCR is responsible for enforcing Title IX ofthe Education Amendments of 1972 (Title IX). 20 U.S.C. 1681 at seq.. and its implementing regulation. 34 CPR. Part 106. which prohibit discrimination on the basis of sex in any education program or activity operated by a recipient of Federal ?nancial assistance from the Department. The University receives FFA from the Department and is therefore subject to Title IX and the regulation. 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 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 ofthe allegation. in accordance with the provisions ofArticle ofthe ('axe l?rm'cssing il'lunuul. Accordingly. OCR will investigate the following legal issues: I. Whether the University and equitably responded to sexual violence complaints. reports. and/or other incidents of which the University had notice by the Complainant and Page 2 Ref. 04-15-2349] other similarly situated students at the University. in noncompliance with the Title IX implementing regulation at 34 C.F.R. 106.8 and 106.31. 2. Whether the University?s alleged failure to provide prompt and equitable responses allowed the Complainant and other similarly situated students to be subjected to a sexually hostile environment that denies or limits the ability of the Complainant or other similarly situated students to participate in or benefit from the University's programs, in noncompliance with the Title IX implementing regulation at 34 C.F.R. 106.8 and 106.31. Please read the enclosed document titled 'x Complain! l?rocexsing l?rocedzn'es. which includes information about the regulatory prohibitions against retaliation. intimidation and harassment of persons who lile complaints with OCR or participate in an OCR investigation; and application of the Freedom of Act and the Privacy Act to OCR investigations. OCR will conduct a prompt investigation ofthis complaint. The regulation implementing Title VI. at 34 .F .R. 100.6(b) and requires that a recipient of FFA make available to OCR information that may be pertinent to reach a compliance detemtination. This requirement is incorporated by reference in the Title IX regulation at 34 C.F.R. Section 106.71. Pursuant to 34 C.F.R. 100.6(0) and 34 C.F.R. 99.3 ofthe regulation implementing the Family Educational Rights and Privacy Act. 20 U.S.C. 1232g. may review personally identifiable records without regard to considerations ofprivacy or confidentiality. Accordingly. OCR requests that the College submit the following non-redacted infomiation to OCR within fifteen (15) calendar days from the date ofthis letter: 1. (WW) Ex) 'I'lw Deparlnn'm u! [Alma/mu mmruu (Is In .va/t?nl ut'lI/t't't'mt'u! andpru/mruu'nujarg/u/ml luster/In: and t'mm'ing uvuu?x. Page 3 Rcr. 04-15-2349 5. 'l?ln' lh'lmrnucnl u/ nuniun is In \Im/vnl uv/umwm-nl lu' (\u'llmm- uml ('mm'ing cquu/ auxin. u'u'n .n/?qnx' Page 4 Ref. ()4-l5-23-l9l 10. ll. 14. 15. 'l'llc [hymn/nun] u/ 's ?Hm/on In .xIm/unl lu' lax-luring n/m'uI/unu/ uu'c/lcna' um/ mun-jug cqtm/ mrvuxs. Page 5 Ref. 0445-2349] 16, (bxmA) l7. l8. 19. k) Pursuant to Section 302 ot'OCR?s (.?ase Processing Manual. a complaint may be resolved at any time when. before the conclusion ol'an investigation. the University expresses an interest in resolving the complaint. Please contact the assigned investigator/attorney il?the University wishes to discuss a Section 302 voluntary resolution. 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. During the course ol?this investigation. we will conduct one or more on?site visits. You will be contacted to schedule a mutually convenient time for those visits. The Depart/Hum q/ lat/mulmn nm?ximt is In slur/en! uc/Iit't'unu'm l?j? luv/wing t'tlm'ull'unu/ and ensuring equal ua'exv. n?u nan/?unt' Page 6 Ref. 04-15-2349] If you have any questions about this letter. please contact April England-Albright, General Attorney, at (404) 974-9408. or by email at or me at (404) 974- 9354. Sincerely. lat/x Scott. R. Sausscr. Esq. Compliance Team Leader Enclosure 'I'lu' Dcpurnm'nl tal'lir/m'ulmu Ls In prumnh' slur/um uc/m't'cnn'm um! prquu'ulinnforglobal cumpcu'lit'vm'sx In?lnxlurl?ng tin-(Hence and cmm'iug cquul acu'ss. trn'nit'r/gm-