UNITED STATES DEPARTMENT OF EDUCATION REGION [v Obi-1L1: Ci?t II. RIGI l'l'E-S . - littitun [11 lU'l'Ili (IA 31131138927 L-hi'l'. May 23, 2016 Non Responsive Re: OCR Case 04-16-2138 Dear Non Responsive On March 2, 2016, the US. Department of Education, Of?ce for Civil Rights (OCR), received the complaint that you (Complainant) ?led alleging that the University of Alabama at Birmingham (University) engaged in discrimination on the basis of sex by failing to and adequately respond to the Complainant?s October 2015 report of sexual assault by a fellow student. The Complainant alleged that the University?s failure to provide a prompt and adequate response to her complaint subjected the Complainant to a sexually?hostile environment on campus. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq, 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 (FFA) from the Department. The University receives A from the Department and is therefore subject to Title IX. Additional information about the laws OCR enforces is available on our website at Based on the allegations, OCR will investigate the following legal issues: 1. Whether the University failed to provide a prompt and equitable response to the Complainant?s October 2015 complaint of sexual assault, 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 a prompt and equitable response to the Complainant?s sexual assault complaint (if determined to be the case) subjected her to a sexually-hostile environment, in noncompliance with the Title IX implementing regulation at 34 and 106.31. Because OCR has determined that it has jurisdiction and that the complaint was ?led timely, it is opening these allegations for investigation. Please note that opening the allegations for investigation in no way implies that OCR has made a determination with regard to their 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 The Department {Nissan} is student delimit-mo?! amt Inn-'1 narau?r :1 1r ulna! ?Mpgfin-1113395}: by m?umtmnaf ou?u?vncv and ensuring equal across. Win-ed .gov OCR Complaint 04-16?2138 Page 2 investigation is legally suf?cient and is dispositive of the allegations, in accordance with the provisions of Article 111 of OCR's Case Processing Manual. We work to resolve allegations of discrimination and appropriately. If you have any questions or concerns, please do not hesitate to contact Ms. Kane at (404) 974-93 83. Sincerely, gil Hollis Compliance Team Leader UNITED STATES DEPARTMENT OF EDUCATION Iv OFFICE FOR CIVIL RIGHTS Ali-ma l'l mum ol I 5T., EST. il Ultl GA ?2?le May 23, 2016 Mr. Ray Watts President University of Alabama at Birmingham 1720 2"?i Avenue Birmingham, Alabama 35233 Re: Complaint 04-16-2133 Dear President Watts: On March 2, 2016, the US. Department of Education (Department), Of?ce for Civil Rights (OCR), received the above-referenced complaint filed by Non Responsive (Complainant) alleging that the University of Alabama at Birmingham (University) engaged in discrimination on the basis of sex by failing to and adequately respond to her October 2015 report of sexual assault by a fellow student. The Complainant alleges the University?s failure to provide a prompt and adequate response to her complaint subjected her to a sexually- hostile environment on campus. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 e! seq, 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 (FFA) from the Department. The University receives FA from the Department and is therefore subject to Title IX. 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 filed 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 of the allegations, in accordance with the provisions of Article of the Case Processing Manual. Accordingly, OCR will investigate the following legal issues: 1. Whether the University failed to provide a prompt and equitable response to the Complainant?s October 2015 complaint of sexual assault, in noncompliance with the Title IX implementing regulation at 34 C.F.R. 106.3 and 106.31. Hrt' tilt-partition: of {Education's .rm'ssi'trn is prunmtv student .n?l'n'm'cmvm .mtf glam! :51 l' fostering udm?utn um! excellence and ensuring equal access. ,otl ,gov OCR Complaint 04? 16-2133 Page 2 2. Whether the University?s alleged failure to provide a prompt and equitable response to the Complainant?s sexual assault complaint (if determined to be the case) subjected her to a sexually?hostile environment, in noncompliance with the Title 1X implementing regulation at 34 C.F.R. 106.8 and 106.31. Please read the enclosed information about complaint processing procedures, which includes information about the regulatory prohibitions against retaliation, intimidation, and harassment of persons who ?le complaints with OCR or participate in an OCR investigation, and the application of the Freedom of Information Act and the Privacy Act to OCR investigations. OCR will conduct a prompt investigation of this complaint. The regulation implementing Title VI of the Civil Rights Act of 1964, at 34 CPR. 100.6(b) and requires that a recipient of FFA make available to OCR information that may be pertinent to reach a compliance determination. This requirement is incorporated by reference in the Title IX regulation at 34 C.F.R. Section 106.71. Pursuant to 34 CPR. 100.6(c) and 34 C.F.R. ofthe regulation implementing the Family Educational Rights and Privacy Act, 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, including un? redacted copies of the speci?ed documents, to us by une 20, 2016. Unless otherwise stated, please provide this information and documents from August 1. 2013 forward through the date of this data compilation. Include all information and documents related to allegations by students at all academic levels undergraduate, graduate, etc.) regarding alleged sexual harassment/violence] by other students, faculty, instructors, and staff. (bll7llAl Please note that as used in this document, ?sexual harassment or sexual harassmentfviolencc" includes allegations ofthe following conduct: sexual assault; sexual battery; sexual coercion; rape or other sexual acts occurring without consent; domestic violence; dating violence; stalking; unwelcome sexual advances; requests for sexual favors; other sexual misconduct; and other verbal, nonverbal, or physical conduct of a sexual nature. OCR Complaint 04-16?2138 Page 3 OCR Complaint 04-16-2138 Page 4 OCR Complaint 04-16-2138 Page 5 (bl(7l(Al In an effort to improve the convenience, accessibility and quality of our interactions with our customers, we request that you submit requested evidence and information by e-mail in an electronic format whenever it is convenient to do so. This may include using e-mail to forward scanned or saved hard copy documents, PDFs, other e-mails, digital photographs, spreadsheets, and databases. When data ?les are too large for email, a CD by regular mail would achieve a similar result. Similarly, if you have access to e-mail and can receive information from OCR in an electronic format, please provide us with your e-mail address. To the extent that information we have requested (such as relevant policies or procedures) is available online, please provide the URL address(es) where the information is located. Pursuant to Section 302 of Case Processing Manual, a complaint may be resolved at any time when, before the conclusion of an investigation, the University expresses an interest in resolving the complaint. Please contact the below investigator if the University wishes to discuss a Section 302 voluntary resolution. OCR Complaint 04-16-2138 Page 6 Please notify OCR of the name, address, and telephone number of the person who will serve as the University?s contact person during the resolution of this complaint. Thank you for your cooperation in this matter. If you have any questions about this letter, please contact Kane, Investigator, at (404) 974?9383. Sincerely, 'K/irgil Hollis Compliance Team Leader