UNITED STATES DEPARTMENT OF EDUCATION ILLINOIS or FICE FOR CIVIL RIGHTS INDIANA IOWA 500 WEST MADISON s11. sum: 1475 MINNESOTA CHICAGO. II. (mom-4544 NORTH DAKOTA WISCONSIN November 1. 2016 Re: OCR Docket #05-16-2307 On July 10, 2016. the US. Department of Education (Department), Of?ce for Civil Rights (OCR). received the above-referenced complaint that you filed against Williston State College (College) alleging discrimination based on sex and race. Speci?cally, the com laint alle es that the Colle discriminated a Iainst the basis of sexi he complaint raises whether the Colle fails to and equitably res 0nd to com laints, re orts, and/or incident which it has notice, includin I thereby creating a sexually hostile environment for students. In your complaint you also allege that the Coll e?s handlin I 0 report subjected you to different treatment based on race OCR is responsible for enforcing Title IX oi?the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681-1688, and its implementing regulation at 34 CPR. Part 106. which prohibits discrimination based upon sex in any educational program or activity operated by a recipient of Federal financial assistance. OCR is also responsible for enforcing Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d 2000d-7, and its implementing regulation at 34 .F .R. Part 100, which prohibit discrimination on the basis of race by recipients of Federal ?nancial assistance. As a recipient of Federal ?nancial assistance from the Department, the College is subject to these laws. Additional information about the laws that OCR enforces is available on our website at OCR evaluated your complaint in accordance with Case Processing Manual (CPM). OCR determined that it will investigate your allegation of sex discrimination but it is dismissing your allegation of race discrimination. The bases for this decision are discussed below. Race Discrimination By letter dated August 25, 2016. OCR informed you that in order to consider proceeding further with your complaint, we would need additional information regarding your race discrimination The Department ol?liducation?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. . gov Page 2 OCR Docket #05-16-2307 allegation as OCR would not investigate an allegation ifit lacks suf?cient detail who, what, where, when. how) for OCR to infer discrimination may have occurred or is occurring or an allegation that is so speculative, conclusory or incoherent that is not suf?ciently grounded in fact for OCR to infer that discrimination may have occurred or is occurring. August 25. 2016. letter requested you provide the information within 20 days ofthe letter, or OCR would dismiss your complaint. As we have not received information from you. OCR is dismissing your complaint. Sex Discriminurirm Because OCR has determined that it has jurisdiction and that the sex discrimination allegation is ?led timely. 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 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 its investigation is legally suf?cient and is dispositive of the allegation. in accordance with the provisions of Article ofthe il/Iunual. When appropriate. a complaint may be resolved before the conclusion ofan investigation after the recipient expresses an interest to OCR to resolve the complaint. In such cases. a resolution agreement signed by the recipient and submitted to OCR must be aligned with the complaint allegations or the information obtained during the investigation and it must be consistent with applicable regulations. Information about this is in the enclosure to this letter. Please read the enclosed document entitled Complaint Resolution Procedures.? which includes information about: Regulatory prohibitions against retaliation and intimidation of persons who ?le complaints with OCR or participate in an OCR investigation: and Application ofthe Freedom oflnformation Act and the Privacy Act to OCR investigations. OCR is committed to prompt and effective service. If you are interested in resolving your complaint through ECR process or have any questions. please contact Alonzo Rivas at (312) 730-1684 or by email at Alonzo.Rivas?ii?edgov or Tamara Perry at (312) 730-1510 or amara.Perry@ed.gov. Sincerely, Aleeza M. Strubel Supervisory Attorney Enclosure UNITED STATES DEPARTMENT OF EDUCATION REGION ILLINOIS FOR CIV IL RIGHTS 1ND, AN A row. 500 WEST MADISON ST, SUITE I475 CHICAGO. IL 60661-4544 NORTH DAKOTA WISCONSIN Dr. John S. Miller October 31, 2016 Acting President Williston State College 1410 College Avenue Williston, ND 58801 Re: OCR Docket #0546930? Dear Dr. Miller: This is to notify you that the US. Department of Education (Department), Of?ce for Civil Rights (OCR), has received and evaluated the above-referenced complaint of discrimination ?led with OCR on July 10, 2016, against Williston State College (College) alleging discrimination on the basis of sex. We conducted the evaluation in accordance with Case Processing Manual to determine whether to open the complaint for investigation. We have determined that we have the authority to investigate this complaint. eci?cail the complaint alle res that the Colle di km the basis of se when it denied .se to I ?n was? The complaint raises the issue of whether the College fails to on of and equitably reSpond to complaints, reports, and/or incidents which it has notice, lthere creating a sexually hostile environment for students. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title 1X), 20 U.S.C. 1681-1688, and its implementing regulation at 34 CPR. Part 106, which prohibits discrimination based upon sex in any educational program or activity operated by a recipient of Federal ?nancial assistance. As a recipient Of Federal ?nancial assistance from the Department, the College is subject to Title IX. Additional information about the laws that 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 the 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-finder, 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 allegation, in accordance with the provisions of Article of the Case Processing Manual, 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, a resolution agreement signed by the recipient and submitted to OCR must be aligned with the complaint The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by Fostering educational excellence and ensuring equal access. ed. gov Page 2 OCR Docket #05-16-2307 allegation or the information obtained during the investigation and it must be consistent with applicable regulations. Information about this is in the enclosure to this letter. Please read the enclosed document entitled Complaint Processing Procedures.? which includes information about: complaint processing procedures; 0 Regulatory prohibitions against retaliation and intimidation of persons who ?le complaints with OCR or participate in an OCR investigation: and 0 Application of the Freedom of Information Act and the Privacy Act to OCR investigations. OCR intends to 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 federal ?nancial assistance make available to OCR information that may be pertinent to a compliance determination. This requirement is incorporated by reference in the regulation implementing Title IX at 34 CPR. 106.71. Pursuant to 34 C.F.R. 100.6(c) and 34 99.31(a) (3) of the regulation implementing the amin Educational Rights and Privacy Act (FERPA), 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 provide the following information to us within twenty (20) calendar days from the date of this letter. Wherever possible, please provide the requested information in electronic format. If responsive data are available through the Internet, please provide the link to the data. Page 3 OCR Docket #05-16-2307 Page 4 OCR Docket #05-16-2307 Page 5 - OCR Docket #05-16-2307 Page 6 - OCR Docket #05-16-2307 Page 7 - OCR Docket #05-16-2307 Page 8 OCR Docket #05-16-2307 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. If an on?site visit is necessary, we will work to schedule a mutually convenient time for the visit. Please notify OCR of the name, address, and telephone number of the person who will. serve as the College?s contact person during the processing of this complaint. We would like to talk with this person as soon as poss?b 55 the processing of this complaint and at that time, we will provide the identity 0W OCR is committed to prompt and effective service. if you have any questions or need assistance. please contact Alonzo Rivas at (312) 730-1684 or by email at or amam Pen'y at (312) 730-1510 or by email at Sincerely, - Aleeza Strubel Supervisory Attorney Enclosure