UNITED STATES DEPARTMENT OF EDUCATION REGION OFFICE FOR CWIL RIGHTS INDIAN: IOWA Silt} WEST S'll. SUITE MINNESOTA CHICAGO. It. seem 4544 DAKOTA WISCONSIN November 3, 2016 Dr. Steven Leath President USU Beardshear Hall Ames, Iowa 5001 1-2035 RE: OCR Docket #05-16-2249 Dear Dr. Leath: On May '1 l, 2016, the U.S. Department of Education (Department), Of?ce for Civil Rights (OCR), received a complaint filed against Iowa State University, (University), alleging discrimination on the bases ofsex and disability. We conducted an evaluation of the complaint in accordance with OCR's Case Processing Manual (CPM) to determine whether to open the allegations for investigation. We have determined that we have authority to investigate the complaint. Speci?cally, the complaint alleges that: . Fm Spams? lthe Universitv has discriminated against Student A on the home nFaen when Pm Emmi? Non Responsive I on Responsive Iit failed to respond appropriately, including failing to address the effects of the sexual assault; and Re 2. I 5pm? Ithe discriminated Student A on the basis ot?disahilityFlon Responses I when the University failed to provide appropriate academic adjustments andfor modifications for Student A?s classes. OCR is responsible for enforcing Title IX of the Education Amendments of W72 (Title IX), 20 U.S.C. 1681 - 1683, and its implementing regulation, 34 CPR. Part 106, which prohibit discrimination on the basis ot?sex in any education program or activity operated by a recipient of Federal ?nancial assistance from the Department. OCR is also responsible for enforcing Section 504 of the Rehabilitation Act of1973 {Section 504}, 29 U.S.C. 7'94, and its implementing regulation, 34 CFR. Part and, Title II of the Americans with Disabilities Act of 1990 {Title 11}, 42 U.S.C. [2131, and its implementing regulation, 28 CPR. Part 35. Section 504 prohibits discrimination on the basis hy recipients of Federal financial assistance and Title II prohibits discrimination on the basis of disability by public entities. As a recipient of Federal The Department of Education's mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. wtvw.cd.gov Page 2 Dr. Steven Leath ?nancial assistance from the Department and a public entity, the University is subject to these laws. Accordingly, OCR has jurisdiction over this complaint. Additional information about the laws OCR enforces is available on our website at With respect to Allega'tion OCR received a previous complaint against the University (OCR Docket that raised substantially the identical allegation as contained in the instant complaint. Under our CPM, complaints filed by more than one person that raise substantially identical allegations against the same recipient may be treated as one complaint and assigned one case number or, if received later, incorporated into an existing complaint. OCR has determined that it will investigate Allegation #1 of this complaint under the existing OCR Docket #05-14- 2530. With respect to Allegation OCR is opening this allegation for investigation because OCR has determined that it has jurisdiction and that the complaint was filed timely. 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~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 allegations, in accordance with the provisions of Article Ill ofthe CPM. OCR offers, when appropriate, an Early Complaint Resolution process to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegations. Some information about the ECR process is in the enclosure to this letter. in addition, when appropriate, a complaint may be resolved before the conclusion of an investigation after the recipient asks 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. Please read the enclosed document entitled Complaint Processing Procedures,? which includes information about: a complaint processing procedures, including the availability of a Regulatory prohibitions against retaliation and intimidation ofpersons who tile complaints with OCR or participate in an OCR investigation; and 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, at 34 C.F.R. 100.6[b) and requires that a recipient of Federal financial assistance make available to OCR information that may be pertinent to a compliance determination. This Page 3 Dr. Steven Leath requirement is ineorporated by referenee in the Seetion 504 regulation at 34 CPR. 9404.61 . Under the Title II regulation at 28 OCR uses its Seetion 504 procedures to investigate Title ll complaints. Pursuant to 34 (7.17.12. and 34 ofthe regulation implementing the Family Edueational Rights and Privaey Act (FERPA). 2t) U.S.C. 1232g. OCR may review personally identi?able records without regard to considerations of privacy or ermtidentiality. Accordingly. OCR is requesting that you provide the lollowing information to us within ?fteen (l5) calendar days. Wherever possible. please provide the requested information in eleetronie format. If responsive data are available through the lnternet. please provide the link to the data. Finally. please provide an index of documents provided in response to these requests, indicating where appropriate to which requestts) the documents are responsive. Unless otherwise indicated, all data requests below are requested [or the 2015?2016 and 2016- 20 7 aeademie years. (7)121.) ,Non Responsive Page 4 Dr. Stcx'cn Lumh [bIILI-?jli?jblun Page 5 Dr. Steven Leath [bleIT?JtAfl?ion Responsive Thank you tier your cooperation in this matter. In addition to the informatioo 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 District?s contact person during the processing of this complaint. We would like to talk with this person as soon as possible to discuss the processing of this complaint and we will, at that time, identify Student A. Page 6 -- Dr. Steven Leath OCR is committed to prompt and effbetive service. If you have any questions, please contact Leticia Magdalene. Attorney, at 312?730?1590 or by email at letieia.magdaleno@ed.gov. Sincerely, MW Marcela Sanchez-Agni ar Supervisory Attorney Enclosure UNITED DEPARTMENT on EDUCATION REGION .. moms INDIANA IOWA mast s1 ADISDN I4rs MINNESOTA ['Hli'AiitJ. II. seam?4544 Ntm?l'll DAKOTA WISCONSIN November 3. 2016 Non Responsive RE: OCR Docket On May 1 I. 2016. the U.S. Department ot? Education {Department}, Of?ce for Civil Rights (OCR). received the complaint you tiled against Iowa State University (University). alleging discrimination on the basis raises and disability. Specifically, the complaint alleges that: l. Fo?m?sive Ith llniversitv has . . . . . Non Responsive discriminated agaInst Student A on the basis at sex when Non Responsive I Responsive lit failed to respond appropriately. including failing to address the effects ot?thc sexual assault; and 9 pm Remus-re Ithe University yINon Responsive discriminated Student A on the basis ot?disabilit . when the University failed to provide appropriate academic adjustments and-"or modi?cations for Student A?s classes. OCR is responsible for enl'oreing Title ol?the Education Amendments of [972 [Title 20 U.S.C. in?ll - 1688. and its implementing regulation. 34 CFR. Part 106. which prohibit discrimination on the basis ot?sex in any education program or activity operated by a recipient of Federal ?nancial assistance from the Department. OCR is also responsible for enforcing Section 504 ot?the Rehabilitation Act of 1073 (Section 504). USC. 35 794. and its implementing regulation. 34 Part and. Title [1 ot?the Americans with Disabilities Act ot? 1090 (Title ll). 42 USC. 1213]. and its implementing regulation. 28 CPR. Part 35. Section 504 prohibits discrimination on the basis ofdisability by recipients of Federal ?nancial assistance and Title prohibits discrimination on the basis ofdisability by public entities. As a recipient of Federal ?nancial assistance trom the Department and a public entity, the University is subject to these laws. Accordingly. OCR has?jurisdiction over this complaint. Additional information about the laws OCR enforces is available on our website at The Department oi?liduealion's mission is to promote student achievement and preparation For global competitiveness by fostering educational eseellencc and ensuring equal access. nu-wcdgot Page 2- Docket: 0546?2249 0C has evaluated the complaint in accordance with Case Processing (C to determine whether to open the allegation for investigation. OCR will investigate both allegations of your complaint as explained below. With respect to Allegation #1 of your complaint, OCR received a previous complaint against the University Docket #05h14h2530}, that raised substantially the identical allegation as contained in your complaint. Under our CPM, complaints ?led by more than one person that raise substantially identical allegations against the same recipient may be treated as one complaint and assigned ane caso number or, if received later, incorporated into an existing complaint. OCR has determined that it will investigate your allegation under the existing Doclret #05-14?2530. We will contact you if additional information is needed. In addition, we will notify you when OCR completes its complaint resolution activities with respect to OCR Docket #05-14?2530 and will advise you of our determination. Regarding Allegation OCR is opening it for investigation because OCR has determined that it has jurisdiction and that the complaint was ?led timely. 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 allegations, in accordance with the provisions of Article 111 of the CPM. OCR ofliers, when appropriate, an Early Complaint Resolution (ECR) process to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegations. Some information about the ECR process is in the enclosure to this letter. In addition, when appropriate, a complaint may be resolved before the conclusion ot?an investigation after the recipient aslts 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 infonnation obtained during the investigation and it must be consistent with applicable regulations. Please read the enclosed document entitled Complaint Processing Procedures," which includes information about: a complaint processing procedures, including the availability of a 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. Page 3? -OCR Docket: 05?16?3249 We will communicate with you periodically regarding the status of your complaint. If you have any questions, please contact Leticia Magdalene, OCR Attorney, at 3124730?1560, or by email at Leticia.msgdaleno??edgov. Marcela Salch wit-Aguilar Supervisory Attomey Sincerely. Enclosure