UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 32 OLD SLIP. 20"? FLOOR NEW YORK. NEW YORK woos TIMOTHY C. J. BLANCHARD DIRECTOR NEW YORK OFFICE June 22. 2016 Non Responsive Re: Case NO. 02-16-2168 Svracuse Universitv DearlNon On March 15. 2016. the US. Department of Education, New York Office for Civil Rights (OCR) received the above-referenced complaint you filed against Syracuse University (the University). You alleged that the University failed to res 0nd and equitably to the report of sexual assault that you made on or aboutlNon I(Allegation 1). You further alleged that the University discriminated against you. on the basis of your national originlml. in the adjudication of a complaint Non Responsive -(Allegation 2). In addition. you alleged that in retaliation for filingINon complaint referred to in Allegation 2. the UniversityINon Responsive Iagainst you and threatenedINon Non Responsive 'Non (Allegation 3). Based on the information provided in your complaint. an interview with OCR staff on April 6. 2016. and in electronic mail (email) communications you provided to OCR staff, OCR has determined that Allegation is appropriate for investigation; however. Allegations 2 and 3 are not appropriate for the reasons set forth below. With respect to Allegation 2 you alleged that the University discriminated against you. on the basis of your national origin. in the adjudication of a complaintINon Re5p0nsive Non Responsive With respect to Allegation 3. you alleged that in retaliation for filing the N0n complaint referred to in Allegation 2. the UniversitylNon Non Responsive Non Responsive Non Responsive IOCR requires that complaints be filed with OCR within 180 days of the alleged act(s) of discrimination unless the time for filing is extended by this office. With respect to Allegations 2 and 3. the information you provided indicates that the . . . . The Department 0/ Izducatton .s "11.851011 ts to promote student achievement and preparation for global competitiveness by educational excellence and ensuring equal access. Page 2 of3 Case No. 02-16-2168 alleged discriminatory and retaliatory acts occurred on or abou- which is more than 180 days from the filing of your OCR complaint on March 15, 2016. You requested a waiver of the timeliness requirement and stated that you did not file any complaint(s) with OCR at an earlier date because youINon ResponSiVe lNon Responsive OCR may grant a waiver of the timeliness requirement when the complainant ?led. within the 180 day period, an internal grievance with the recipient alleging the same discriminatory conduct that is the subject of the OCR complaint, and the OCR complaint is filed no later than 60 days after the internal grievance is concluded. To the extent that you filedE Non Responsive Iregarding Allegations 2 and 3. the information you provided indicates that 'ou did not file Allegations 2 and 3 with OCR within 60 days of the conclusion of? Non Responsive I OCR determined that the circumstances you described do not warrant a waiver of the timeliness requirement on this basis. Consequently. your request for a waiver on this basis has been denied. You_ further stated that vou were afraid to file a complaint with OCR because of . lNon ResponSiVe In addition. you stated that Non RESPODSIV Non Responsive Non Responsive I OCR determined that the circumstances you described also do not warrant a waiver of the timeliness requirement. Consequently. your request for a waiver has been denied. Accordingly. OCR will take no further action with respect to Allegations 2 and 3. and has dismissed them as of the date of this letter. However. OCR will investigate Allegation l. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX). as amended. 20 U.S.C. 1681 e_t and its implementing regulation at 34 C.F.R. Part 106. which prohibit discrimination on the basis of sex in programs and activities receiving financial assistance from the US. Department of Education (the Department). The University 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 filed in a timely manner. it is opening this allegation for investigation. Please note that opening this 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-finder. collecting and analyzing relevant evidence from you. 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 Ill of Case Processing Manual. 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 Page 3 of3 Case No. 02-l6-2168 contained in the publication entitled, Complaint Processing Procedures,? which was enclosed with previous letter to you acknowledging your complaint. This information is also 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 publication Complaint Processing Procedures." which was enclosed with previous letter to you. acknowledging your complaint. This information is also on website at Please be advised that the University 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. lfthis happens. you may file 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 identifiable infomiation. 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. In the interim. if you are interested in resolving this complaint through ECR process or have any questions. please contact Joy Purcell, Compliance Team Attorney. at (646) 428-3766 or u?edem: Grace D. Kim. Compliance Team Attorney. at (646) 428-3977 or Tracey Beers. Senior Compliance Team Attorney. at (646) 428-3804 or u'edgm': or me. at 646-428-3806 or Sincerely. F?lice 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. J. BLANCIIARD DIRECTOR NEW YORK OFFICE June 22. 2016 Kent Syverud Chancellor and President Syracuse University 900 South rouse Avenue Crouse-Hinds Hall. Suite 600 Syracuse. New York 13244 Re: Case No. 02-16-2168 Syracuse University Dear Chancellor Syverud: On March IS. 2016. the US. Department of Education, New York Of?ce for Civil Rights (OCR) received the above-referenced complaint filed against Syracuse University (the University). The complainant alleged that the University failed to respond and equitably to comulaints of sexual violence. including the report of sexual assault that-made on or about? OCR has determined that this allegation is appropriate for investigation. Additionally. OCR will investigate whether the University 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 University. 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 C.F.R. Part 106. which prohibit discrimination on the basis of sex in programs and activities receiving financial assistance from the US. Department of Education (the Department). The University 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-?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 Case Processing Manual. The Department of Education ?s mission is to promote student achievement and preparation for global competitiveness bv fostering educational excellence and ensuring equal access. I Page 2 of7 Case No. 02?16-2168 Enclosed is a document entitled. Complaint Processing Procedures.? This document will provide you with an overview of complaint 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. The regulation implementing Title VI of the Civil Rights Act of 1964. at 34 .F.R. 100.6(b) and requires that a recipient of federal financial 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 C.F.R. 106.7]. This information is also being requested pursuant to 34 C.F.R. 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 ECR process is 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 University 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. 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 identifiable information. which. if released. could reasonably be expected to constitute an unwarranted invasion of personal privacy. OCR staff will contact you within twenty (20) calendar days to discuss the allegations and the complaint resolution process. In the interim. if you are interested in resolving this complaint Page 3 017 Case No. 02-16-2168 through ECR process or have any questions. please contact Joy Purcell. Compliance Team Attorney. at (646) 428-3766 or Grace D. Kim. Compliance Team Attorney. at (646) 428-3977 or urace.d.kim"dedeov: Tracey Beers. Senior Compliance Team Attorney. at (646) 428-3804 or or me. at (646) 428-3806 or edema Sincerely. Fe'lice A. Bowen Compliance Team Leader Encl. Page 4 017 Case No. 02-16-2168 Data Reguest Case No. 02-16-2168 Syracuse University (the University) the complainant) Due Date=m_ Page 5 01'7 Case No. 02-16-2168 Page 6 0 ?7 Case No. 02-16-2168 Page 7 01' 7 Case No. 02-16-2168