UNITED STATES DEPARTMENT OF EDUCATION OFFICE RIGHTS 32 OLD sup, 26?? FLOOR NEW YORK. NEW YORK 10005 TIMOTHY C. J. BLANCHARD DIRECTOR NEW YORK OFFICE June 22. 2016 Non Responsive Re: Case No. 02-16-2186 State niversitv ofNew York-Potsdam College Dear On April 7. 2016, the. .S. Department of Education, New York Office for Civil Rights (OCR) received the above-referenced complaint that you ?led against the State University ofNew York (SUNY)?Potsdam College (the College). You alleged that the College failed to res 0nd rom tly and equitably to the report of sexual assault that you made on or about thereby subjecting you to a sexually hostile environment. OCR has determined that your allegation is appropriate for investigation. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX). as amended. 20 U.S.C. 1681 et seg.. and its implementing regulation at 34 CPR. Part 106. which prohibit discrimination on the basis of sex in programs and activities receiving ?nancial assistance from the .S. Department of Education (the Department). The College is a recipient of ?nancial assistance from the Department. Therefore, OCR has jurisdictional authority to investigate this complaint under Title IX. Because OCR has determined that it has jurisdiction and that the complaint was ?led in a timely manner. it is opening your 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 merit. During the investigation, OCR is a neutral fact-?nder. collecting and analyzing relevant evidence from you, 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 'ase Processing Manual. OCR's goal is the prompt and appropriate resolution of the allegations contained in a complaint. OCR offers. when appropriate. an Early Complaint Resolution (EC R) process, similar to mediation. to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegation(s). Some information about the EC process is contained in the publication entitled. Complaint Processing Procedures." which was a I . A The Department 0/ Education 3 mission IS to promote stmlen! acluevemen! and preparation for global competitiveness by fostering educational excellence and ensuring equal access. . Non Res onsive Page 2 of 2 enclosed with previous letter to you acknowledging your complaint. This information is also on OCR's website at Also. 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. OCR obtains a resolution agreement signed by the recipient. This agreement must be aligned with the complaint allegations or the information obtained during the investigation, and it must be consistent with applicable regulations. Additional information about this voluntary resolution process may be found in the publication. Complaint Processing Procedures." which was enclosed with previous letter to you. acknowledging your complaint. This infomtation is also on website at Please be advised that the College may not harass. coerce. intimidate. or discriminate against any individual because he or she has ?led a complaint or participated in the complaint resolution process. lfthis happens. you may ?le another complaint alleging such treatment. Under the Freedom of Information Act. it may be necessary to release this document and related correspondence and records upon request. In the event that OCR receives such a request. it will seek to protect. to the extent provided by law. personally identi?able information, which. if released. could reasonably be expected to constitute an unwarranted invasion of personal privacy. OCR will communicate with you periodically regarding the status of your complaint. If you are interested in resolving your complaint through ECR process or have any questions. please contact Joy M. Purcell, Compliance Team Attorney. at (646) 428-3766 or impurcell?q cdgox?: Grace Kim. Compliance Team Attorney, at (646) 428-3977 or gracc.cl.kim"acclgov; or Ronald Scott. Compliance Team Attomey. at (646) 428?3820 or r0nald.scott?uetlgov; or me. Felice Bowen. Compliance Team Leader. at (646) 428-3806 or felicelx?twenra cdgov. Sincerely. Felice A. Bowen Compliance Team Leader UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 32 OLD SLIP, 26'? FLOOR NEW YORK, NEW YORK 10005 TIMOTHY C. .I. BLANCIIARD DIRECTOR NEW YORK OFFICE June 22, 2016 Kristin G. Esterberg. President State University ofNew York. Potsdam College 705 Raymond Hall 44 Pierrepont Avenue Potsdam. New York 13676 Re: Case No. 02?16-2186 State University of New York?Potsdam College Dear President Esterberg: On April 7. 2016. the US. Department of Education. New York Office for Civil Rights (OCR) received the above-referenced complaint ?led against the State University of New York (SUNY) - Potsdam College (the College). The complainant alleged that the Colle ve failed to respond and equitably to the report of sexual assault thatmade on or about thereby subjecting to a sexually hostile environment. OCR has detemiined that this allegation is appropriate for investigation. Additionally. OCR will investigate whether the College failed to respond and effectively to complaints, reports and/or incidents of sexual violence of which it had notice; and as a result, students at the College. including the complainant. were subjected to a sexually hostile environment. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX). as amended. 20 U.S.C. 1681 et seg.. and its implementing regulation at 34 CPR. Part 106. which prohibit discrimination on the basis of sex in programs and activities receiving ?nancial assistance from the US. Department of Education (the Department). The College is a recipient of financial assistance from the Department. Therefore. OCR has jurisdictional authority to investigate this complaint under Title IX. Because OCR has determined that it has jurisdiction and that the complaint was ?led in a timely manner. 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 merit. During the investigation. OCR is a neutral fact-tinder. 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 ot?the allegation. in accordance with the provisions of Article of OCR's 'ase Processing Manual. The Department ofEa'ucatton muston L8 to promote student aclnevement and preparation for global competitiveness bv fostering educational excellence and ensuring equal access. Page 2 of 7 Kristin G. Esterberg, Enclosed is a document entitled, Complaint Processing Procedures." This document will provide you with an overview of ceinplaint evaluation, investigation, and resolution process. OCR will collect only material needed to investigate this complaint and will take all proper precautions to protect the identity of any individuals named in documents. Please submit the information listed on the enclosed data request to OCR within twenty (20) days of the date of this letter or OCR may conduct an onsite ?le review in order to obtain this information in a timely manner. The regulatiOn implementing Title VI of the Civil Rights Act of 1964, at 34 C.F.R. 100.6(b) and (0), requires that a recipient of federal ?nancial assistance make available to OCR information that may be necessary for it to determine whether a recipient is in compliance with the regulations it enforces. This requirement is incorporated by reference in the regulation implementing Title IX, at 34 CPR. 106.71. This information is also being requested pursuant to 34 CPR. goal is the prompt and appropriate resolution of the allegations contained in a complaint. OCR offers, when appropriate, an Early Complaint Resolution (ECR) process, similar to mediation, to facilitate the voluntary resolution of complaints by providing an early Opportunity for the parties involved to resolve the allegation(s). Some information about the ECR process is contained in the enclosure to this letter entitled, Complaint Processing Procedures,? and on website at Also, 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, OCR obtains a resolution agreement signed by the recipient. This agreement must be aligned with the complaint allegations or the information obtained during the investigation, and it must be consistent with applicable regulations. Additional information about this voluntary resolution process may be found in the enclosure entitled, Complaint Processing Procedures," and on website at Please be advised that the College may not harass, coerce, intimidate, or discriminate against any individual because he or she has filed a complaint or participated in the complaint resolution process. If this happens, the complainant may ?le another complaint alleging such treatment. Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request. In the event that OCR receives such a request, it will seek to protect, to the extent provided by law, personally identi?able information, which, if released, could reasonably be expected to constitute an unwarranted invasion of personal privacy. Page 3 ol?7 Kristin G. Esterberg. OCR staff will contact you within twenty (20) days of the date of this letter to discuss the complaint resolution process. In the interim. if you have any questions. please contact Joy M. Purcell. Compliance 'l?cam Attorney. at (646) 428-3766 or m?igchrace Kim. Compliance Team Attorney. at (646) 428-3977 or or Ronald Scott. Compliance Team Attorney. at (646) 428-3820 or edum: or me. Felice Bowen. Compliance Team Leader, at (646) 428- 3806 or l?cl?cliowen'u cdcm'. Sincerely. Felice A. Bowen Compliance Team Leader Page 4 of 7 Kristin G. Esterberg, Data Reguest Case No. 02-16-2186 SUNY Pogsdam C0116 ge (the College) N0n RESDONSIVB (the complainant) Due Date: Page 5 of 7 Kristin G. Esterberg~ Page 6 of 7 Kristin G. Esterberg, Page 7 of 7 Kristin G. Esterberg,