UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS1 REGION XV 35fl EUCLID AVENUE- SUITE 325 ?mm? 5" .. . . . Mlt'moax DH 44 I I: onto September 2016 Sean M. Decatur. President Kenyon College Ransom Hall 106 College-Park Street Gambier. Ohio 43022-9623 Re: OCR Docket #15-16-2149 Dear President Decatur: On May 6. 2016. the US. Department of Education's Of?ce for Civil Rights (OCR) received a complaint ?led against Kenyon College (the College). The complaint alleges that the College discriminated on the basis olisex. Speci?cally. the complaint alleges that the College discriminated on the basis ofses. Specifically, the complaint alleges that the College failed to and equitably respond to complaints. reports andior incidents of sexual violence and sexual harassment of which it had notice. including a report of sexual assault and sexual harassment made by a Female student {the Student). and. as a result, students. including the Student. were subjected to a sexually hostile environment. OCR is responsible for enforcing Title IX of the Education Amendments 01?1972. 2D U.S.C. 1681 er seat. and its implementing regulation. at 34 C.F.R. Part 106. which prohibit discrimination on the basis ol?sex in education programs and activities operated by recipients oi'Federal ?nancial assistance from the Department. As a recipient ol?such ?nancial assistance. the College is subject to Title IX. Because OCR has determined that we over the allegation. we are opening the allegation for investigation. Based on the complaint allegation. we will investigate the following legal issues: Tile Department of Education '3 un'sximi is primier simian! preparationforgiohcii t?rittc'uiirmrii and ensuring yqimi access: Page 2 Sean M. Decatur. 1. Whether the ollegc provided prompt and equitable responses to sexual violence complaints. reports. andfor other incidents 01? which it had notice (knew about or should have known about) as required by the Title IX implementing regulation at 34 C.F.R. 106.8 and 106.31. a. Whether the College complied with the requirements ol'tbc Title IX regulatiOn at 34 C.li?.R. 106.9 regarding notice of nondiscrimination. b. Whether the College complied with the requirements of the Title IX regulation at 34 CPR. 106.3 and 106.9(a) regarding the designation and notice ol?a Title IX coordinator. ix.) Whether any failure by the College to provide a prompt and equitable response allowed a student or students andfor the campus. generally. to continue to be subjected to a sexually hostile environment that denied or limited a student or students? ability to participate in or benelit from the College?s programs. in violation ot?the Title IX implementing regulation at 34 106.8 and 106.31. Please note that opening an 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-tinder. collecting and analyzing relevant evidence from the complainant. the recipient. and other sources as appropriate. OCR will ensure that the investigation is legally suf?cient and is dispositive ol? the allegations in accordance with the provisions of Article 111 ol?OCRs Case Processing Manual. For your reference. the enclosed document. entitled Complaint Processing Procedures," includes information about: 0 OCR's complaint evaluation and resolution procedures- including the availability of Early Complaint Resolution - regulatory prohibitions against retaliation. intimidation and harassment ot?pcrsons who tile complaints with OCR or participate in an OCR investigation; and I the application 01' the Freedom of lnlormt-ttion Act and the Privacy Act to OCR investigations. Additional information about the laws OCR en threes is available on our website at OCR intends to conduct a prompt investigation of this complaint. The Title VI regulation. at 34 C.F.R. 100.6. requires that a recipient ol? 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Decatur. 7. a description of how the College handles requests For confidentiality by those reporting incidents ol'discrimination and harassment based on sex. including sexual violence; - 8. a copy ot'all documentation stored in any location. including electronic recordkeeping systems. concerning any formal or informal complaints or reports ol?sesual assault or sexual harasst tent made to the College by or on behalfofthe Student NONESPOHSWE including: a copy of any written complaints or reports. and a detailed description at? any verbal complaints; a copy of all investigative files. interview memoranda. witness statements, and related documents concerning arty College investigation ol?these complaints or reports; a copy of any records related to any hearings held regarding each complaint. including but not limited to ltearing transcripts. video or audio recordings. notes. and copies ot?any documentation or other evidence presented or considered as part of the hearing: a cepy 01? any documents showing the steps ol'the investigation and the results ot?thc College?s investigation. including any correspondence. e-mails and other documents. as well as how the College notified pertinent parties of the outcome ol'each investigation; a copy ot" any appeals tiled by either party and documentation regarding the College?s processing ol'each appeal. including but not limited to any documentation. records or other information the College relied on in making a determination regarding the appeal. including with respect to sanctions. and any notice provided to the parties regarding the outcome ot'the appeal; a detailed description of any action the College took to stop any harassment or discrimination and to prevent any additional discrimination or harassment based on sex. while each complaint or report was being investigated (interim measures) or alter the investigation concluded; and a copy oi" any documents. including student discipline records. memoranda. e-mails. notes. or other documents. that discuss or relate to any disciplinary or other remedial action the College took in response to each complaint or report. Page 5 Sean M. Decatur, 0. a copy of all documentation concerning any formal or informal complaints or reports of sexual harassment made to the College (including, but not limited to those received by College personnel; the Office of Campus Safety; the Dean ofStudents Of?ce; the Title IX Coordinator: Of?ce for Civil Rights; the Office ofthe Provost; Student Affairs Division; Housing 8: Residential Life; College Health Center; Human Resources; Office of the Ombudsperson: or those received elsewhere and then referred to the College) or investigated/ resolved by the College during the 2013-2014. 2014-2015. and 2015-2016 school years. including: a. a copy of any written complaints or reports, and a detailed description ofany verbal complaints; b. a copy of all investigative files, interview memoranda, witness statements. and related documents concerning any College investigation ofthese complaints or reports; c. a copy of any documents showing the steps ofthe investigation and the results ofthe College?s investigation. including any correspondence. e-mails, and other documents, as well as how the College notified pertinent parties of the outcome of each investigation; d. a detailed description of any action the College took to stop any harassment or discrimination and to prevent any additional discrimination or harassment based on sex. while each complaint or report identi?ed in response to request tlgta) above was being investigated (interim measures) by the College or other law enforcement entities or after the investigation concluded: e. for each complaint or report ofalleged sexual harassment and/or violence responsive to this request, identify whether the College found that the complainant and/or other students were sexually harassed/assaulted; whether the College found that any complaint was part ofa larger pattern of similar complaints; and (3) whether the College made any conclusion about whether the complainant attdfor other students were subject to a sexually hostile environment: and f. a copy of any documents. including student discipline records. memoranda. e-mails, notes. or other documents, that discuss or relate to any disciplinary or other remedial action the College took in response to each complaint or report identified in response to request above; Page 6 Sean M. Decatur. 10. 14. 16. 17. it" not included in responses above. copies ot?all communications. including letters. e-mails. notes. memoranda. reports. notices. or other communications sent or received by College faculty. staff. administration. and/or Trustees during the 2013-2014. 2014-2015. and 2015-2016 school years that discuss. relate. or refer to the complaints or reports identified under requests #8 and #9 above; if not included in responses above. a copy of any notes. agendas. summaries. or follow-up communication related to any meetings between College stall" and the Student regarding any allegations of. or remedies for. sexual assault or sexual harassment; copies ol?any notes. agendas. summaries. or follow-up communication related to any meetings during the 2013-2014. 2014-2015. and 2015-2016 school years between College sta FF and the complaining studentts} regarding any allegations of. or remedies for. sexual harassment; a description and copies. it'applicable. of any steps the College tool: during the 2013-2014. 201442015. and 2015-2016 school years to make students. faculty. and stat?t'at the ollegc as rare ol'the policies and procedures identified in response to requests #1 or #2 above. such as publications. website statements. andfor training: a description ot?the ways in which the College communicates with students. staff. and other members of the campus community about its processes for addressing sexual harassment and violence (for example- through its web site. specific publications. speci?c other electronic means. etc); a description ol~ any training regarding Title IX as it applies to sexual harassment. including sexual assault and violence. the College provided or ol?t'ered to College personnel: and College students during 2013- 2014. 2014-2015. and 2015-2016 school years. For each training. include the date of the training: the target audience coaches. residence hall staff. etc}: copies 01? any related materials distributed at the trainings: and a description of the background/expertise ol?the individual who provided training: copies of any and all brochures. pamphlets. or other materials that are disseminated to by the College to students regarding sexual harassment. the rights olicomplainants and accused individuals. andfor other campus resources available to assist those facing sexual harassmentfviolence; a description ot?the College?s collaborative efforts with any advocacy groups on and ot't'eampus to prevent sexual harassment. misconduct. and Page 7 Sean M. Decatur. violence and to notify students and employees oftheir rights under Title IX: 18. a list of campus organizations and other resources for students that address students? concerns or issues related to sexual harassment (including. but not limited to. women's or men?s orgt-u'tizations; lesbian, gay. bisexual. transgender. or alliance organizations: and rape crisis centers, sexual assault support networks. or other similar agencies); include contact information for each organization. and how information about these organizations is disseminated to students: 19. a description ofhow the College has assessed the campus climate regarding sexual harassment issues. conducted self-assessments. collected data. or monitored sexual harassment. misconduct. or violence on campus. if at all, for school years 208-2014. 2014-2015. and 2015-2016. Please provide any summaries or interim or ?nal reports that describe the outcome ofthese efforts; and 20. any other you believe relevant to the complaint allegations. In collating the College?s responses to #9?12 above, please do so by the name of the complainant (student, employee, or third party). In other words, all information pertaining to any individual complainant, regardless of source or office, should be grouped together and clearly state the name of the complainant to which it pertains. Subsequent to the College?s responsets) to this data request but prior to the ?nal stages of its investigation. OCR will accept supplemental materials from the College that it believes will material] impact or alter investigation. The College is also hereby notified that it should retain all electronically stored information and other records, in their originally created format. containing information related to the subject matter of this complaint. including e-mails, word processing documents. spreadsheets. databases. calendars. telephone logs. internet ?les. network access and other media-based information (such as personal digital assistants and digital voice mail). even after it has provided OCR with paper copies and whether or not OCR has included the information in this initial data request. Please also retain all non-electronic documents and evidence in whatever form. including personal or desk tiles, calendars, notes, correspondence, drafts. policies. manuals, or other things relevant to the ease. Thank you for your cooperation in this matter. We also may need to interview individuals at the College with knowledge of the facts ol'this case. lf we determine that an onsite visit is necessary. we will contact you to schedule a mutually convenient time for our visit. Page 8 Sean M. Decatur, PILD. Upon receipt ot?lhis letter, pleasenotil?y OCR ofthe name, address. and telephone number of the person who will serve as the College's contact person during investigation. li?you have any questions, please contact Ms. Gayle llorwitz at (216) 522- 2681 or by e-mail at or Ms. Aleks Chojnaeki at (216) 522-4944 or by email at Sincerely. Lisa M. Lane Supervisory Attorney??eam Leader Enclosure UNITED OF OFFICE FOR ICl?lx'll. RIGHTS. REGION XV Issn AVF-INUIL. surl't-i 32ulnu September 20 6 Nonresponsive Re: OCR Docket #1546314") Nonresponsiv 8 Dear On May 6, 2016, the U.S. Department of Education?s Of?ce for Civil Rights received the complaint iled against Kenyon College (the College). The complaint alleges that the College discriminated against a the basis ol?scx. Speci?cally- the complaint alleges that the College failed to and equitably respond to complaints. reports andfor incidents of sexual violence and sexual harassment of which it had notice. including a ?eport of sexual assault and sexual harassment made by a female student (1 1e Student). and, as a result. students. including the Student, were subjected to a sexually hostile ens-?ironment. OCR is responsible for enliorcing Title IX of the Education Amendments of l972. 168] et seq. and its implementing regulation, at 34 CPR. Part [06. which prohibit discrimination on the basis of sex in education programs and activities operated by recipients of Federal ?nancial assistance from the Department. As a recipient of such ?nancial assistance. the College is subject to Title IX. Because OCR has determined that we have jurisdiction over the allegation. we are opening your complaint for investigation. Based on the complaint. we will investigate the following legal issues: 1. Whether the College provided prompt and equitable responses to sexual violence complaints. reports. andfor other incidents of which it had notice (knew about or should have known about) as required by the Title EX implementing regulation at 34 GER. 106.8 and l06.3 l. Whether the College complied with the requirements ol?the Title IX regulation at 34 CPR. regarding notice of nondiscrimination. Hie Department rgf'ifdacatr'rm it mils-rim: is to praamre saith-m achievement am! preparation for global crunpt'rm'waux-s lrt'foxtw'i'ng ea?acatimtat? excellence amtr Hana-rag Hana! access. Nonresponsive Page 2 b. Whether the College complied with the requirements of the Title IX regulation at 34 C.F.R. 106.8 and 106.9(a) regarding the designation and notice 01a Title IX coordinator. is.) Whether any Failure by the College to provide a prompt and equitable response allowed a student or students andfor the campus. generally. to continue to be subjected to a sexually hostile environment that denied or limited a student or students? ability to participate in or bene?t from the College?s programs, in violation ol'the Title IX implementing regulation at 34 CPR. 106.8 and 106.31. Please note that opening an 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 the investigation is legally suf?cient and is dispositive ofthc allegations in accordance with the provisions of Article 111 ot?OCR?s Case Processing Manual. OCR works to resolve allegations ofdiscrimination and appropriately. We will communicate with you periodically during our im-estigation. When contacting our of?ce about your case, please refer to OCR Docket Number 15-16-2149. 11? you have any questions. please contact Ms. Gayle I-Iorwitz at {216) 522-2681 or by e- mail at or Ms. Aleks hojnacki at (216] 522-4944 or by email at Aleksandrafhojnackifrftedgov. Sincerely. eta Mm Lisa M. Lane Supervisory Attorney/learn Leader