UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS I 73w. aw izscioNxv will.? I 1 issu suCLto av ENE-E. sons 325 (u no . sh. CLEVELAND. OH 44115 Ifl'l,? I El 3 ?078 Gregory F. Crawford, President Miami University 501 E. High Street Oxford. Ohio 45056 Re: OCR Docket #15-16-2200 Dear Dr. Crawford: On August I, 2016, the US. Department of Education?s Of?ce for Civil Rights (OCR) received a complaint tiled against Miami University-Oxford (the University) alleging discrimination based on sex. The complaint alleges that the University failed to and equitably respond to complaints, reorts, and/or incidents of sexual violence of which it had notice, including the Student?scomplaint of sexual assault, 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 ot?1972. 20 U.S.C. 1681 et seq, and its implementing regulation, at 34 C.F.R. Part 106, 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 financial assistance, the University is subject to Title IX. Because OCR has determined that it hasjurisdiction and the complaint was ?led timely, we are opening the allegation for investigation. Based on the complaint allegation, we will investigate the following legal issues: Tin: Department (ff-Ettm?ntion?s mission is to promote student mitt preparation for global trimesterng cdm?ntioimt and ensuring equal across. murmudgou Page 2 Gregory P. Crawford. 1. Whether the University 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 IX implementing regulation at 34 C.F.R. 106.8 and 106.31. a. Whether the University complied with the requirements of the Title IX regulation at 34 CPR. 106.9 regarding notice of nondiscrimination. b. Whether the University 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 of a Title IX coordinator. Id Whether any failure by the University to provide a prompt and equitable response allowed the Student. students author the campus. generally. 10 continue to be subjected to a sexually hostile environment that denied or limited students? ability to participate in or bene?t from the University?s programs. in violation of the Title IX implementing regulation at 34 C.F.R. 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 of the allegations in accordance with the provisions of Article ofOCR?s Case Processing Manual. For your reflerence. the enclosed document. entitled Complaint Processing Procedures.? includes information about: - complaint evaluation and resolution procedures. including the availability of Early Complaint Resolution - regulatory prohibitions against retaliation, intimidation and harassment ot'persons who tile complaints with OCR or participate in an OCR investigation; and the application of the Freedom ot?lnfonnation Act and the Privacy Act to OCR investigations. Additional information about the laws OCR enforces is available on our website at OCR intends to conduct a prompt investigation of this complaint. The regulation implementing Title VI ofthe Civil Rights Act of 1964. at 34 C.F.R. 100.6, requires that a recipient ot?Federal financial assistance make available to OCR information that may be pertinent to reaching a compliance determination. The Title IX regulation Page 3 Gregory P. Crawford, incorporates those requirements by reference at 34 C.F.R. 106.71. In addition, in accordance with the Title VI regulation at 34 C.F.R. 100.6(c) and with the regulation implementing the Family Educational Rights and Privacy Act, 20 1232g, at 34 C.F.R. OCR may review personally identi?able records without regard to considerations ofprivacy or con?dentiality. Accordingly, we are requesting that you forward the following information to us within 15 calendar days of the date stamped at the top of this letter. Please contact OCR prior to submitting documentation electronically to ensure that submissions can be accepted. Wherever possible. please provide the requested information Bates-labeled if you have that capability. . a copy of any University policies or procedures in effect during the 2013-2014, 2014-2015, 2015-2016, and 2016-2017 academic years that address discrimination and harassment based on sex?including sexual violence?involving students, employees, and third parties, including sexual violencefmisconductfharassment policies and procedures, Title 1X grievance procedures, applicable disciplinary procedures and codes, appeal procedures, and nondiscrimination notices; if any of the above policies or procedures changed over the applicable time period, please provide a copy of all documents that re?ect each change and note the datets) when the new policy or procedure became applicable; Lu the nameis} and tit1e(s) ofthe University?s Title IX coordinatorts}, and any deputy or In addition, please note when each individual assumed his or her position, and provide an explanation of how that person or persons? identity and contact information are disseminated to students, faculty, staff, and administrators: 4. the names and titles of any University personnel responsible for investigating incidents of discrimination and harassment based on sex or implementing any part of the University?s Title IX grievance process; 5. a description ofhow the University handles criminal complaints ofsexual violence and the effect that criminal complaints have on the University?s Title IX investigation process; the names and titles of any University designated contact person for related criminal investigations: and the process used by the University in communicating with local prosecutors about the status of criminal investigations; 6. a description oflaw enforcement?s role in the University?s Title IX investigation process, including a copy of any memoranda of understanding with campus and local law enforcement or related protocols; Page 4 Gregory F. Crawford; a description of how the University handles requests for confidentiality by those reporting incidents ot'diserimination and harassment based on sex. including sexual violence; 8. a copy of all documentation concerning any formal or informal complaints or reports ofsexual harassment made to the University or investigated! resolved by the University during the 2013-2014., 2014-2015. 2015-2016., and 2016-2017 academic years {including any formal or informal cemlaints submitted by or on behalf of the Student . Non - - I esponswe a. a copy ot?any written complaints or reports; and a detailed description of any verbal complaints; b. a copy of all investigative tiles; interview memoranda, witness statements, and related documents concerning any University investigation of these complaints or reports; e. a copy ot'any documents showing the steps of the investigation and the results of the University?s investigation, including any correspondence, e-mails, and other documents. as well as how the University noti?ed pertinent parties of the outcome of each investigation; d. a detailed description of any action the University 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 above was being investigated (interim measures) by the University or other law enforcement entities or after the investigation concluded; e. for each complaint or report of alleged sexual harassment andfor violence responsive to this request, identify: (1) whether the University found that the complainant andfor other students were sexually harassedfassaulted; whether the University found that any complaint was part of a larger pattern of similar complaints; and (3) whether the University made any conclusion about whether the complainant andfer 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 University tool-t in response to each complaint or report identi?ed in response to request above; Page 5 Gregory P. Crawford, IO. 14. if not included in responses to the above requests, copies of all communications, including letters, e-mails, notes, memoranda, reports, notices. or other communications sent or received by University faculty, staff, administration, andi?or Trustees during the 2013-2014, 2014-2015, 2015-2016, and 2016-201? academic years that discuss, relate, or refer to the complaints or reports identi?ed under request #8 above; copies of any notes, agendas, summaries, or follow-up communication related to any meetings during the 2013-2014, 2014-2015, 2015-2016, and 2016-20l7 academic years between University staff and the complaining student(s) regarding any allegations of, or remedies for, sexual harassment; a description and copies, if applicable, of any steps the University took during the 2013-2014, 2014-2015, 2015-2016, and 2016?20i7 academic years to make students, faculty, and staff at the University aware ofthe policies and procedures identi?ed in response to requests or #2 above, such as publications, website statements, and/or training; a description of how the University communicates with students, staff, and other members of the campus community about its processes for addressing sexual harassment and violence {for example, through its website. speci?c publications, specific other electronic means, etc); a description of any training regarding Title IX as it applies to sexual harassment, including sexual assault and violence, the University provided or offered to (1) University personnel; and University students during the 2013-2014, 2014-2015, 2015-2016, and 2016?2017 academic years. For each training, include the date ofthe training; the target audience coaches, residence hall staff, etc); copies of any related materials distributed at the trainings; and a description ofthe backgroundfexpertise of the individual who provided the training; copies of any and all brochures, pamphlets, or other materials that are disseminated by the University to students regarding sexual harassment, the rights of complainants and accused individuals, andfor other campus resources available to assist those facing sexual harassment/violence; a description of the University?s collaborative efforts with any advocacy groups on and off campus to prevent sexual harassment, misconduct, and violence and to notify students and employees of their rights under Title Page 6 Gregory P. Crawtord. 16. 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 organizations; 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; a description of how the University has assessed the campus climate regarding sexual harassment issues, conducted self?assessments. collected data, or monitored sexual harassment, misconduct, or sexual violence on campus, if at all, for the 2013-2014. 2014-2015. 2015-20! 6. and 2016- 2017 academic years. Please provide any summaries or interim or ?nal reports that describe the outcome ofthese efforts; and 18. any other information you believe relevant to the allegations. With respect to the information requested above for the 2016-20]? academic year, please provide the requested information for the fall 2016 semester within 15 days ofits close. and please provide the requested information for the spring 2017 semester within 15 days of its Close. or at each ot?these times state in writing whether any requested material does not exist. Subsequent to the University?s responsets) to this data request but prior to the ?nal stages ot'its investigation, OCR will accept supplemental materials from the University that it believes will materially impact or alter investigation. The University is also hereby noti?ed 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 c-mails. word processing documents. spreadsheets. databases, calendars. telephone logs, internet ?les, network access information. 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 ?les. calendars. notes. correspondence, drafts, policies. manuals, or other things relevant to the case. Thank you for your cooperation in this matter. We also may need to interview individuals at the University with knowledge ofthe facts ot?this case. If we determine that an onsite visit is necessary, we will contact you to schedule a mutually convenient time for our visit. Upon receipt of this letter, please notify OCR of the name. address. and telephone number of the person who will serve as the University?s contact person during investigation. Ms. Suwan Park and MS. Chenellc Love are the OCR attorneys who have Page 7 Gregory P. Crawford, Phi). been assigned to investigate this matter. If you have any questions, please contact Ms. Park by telephone at {216) 522-4972, or e-meil at Suwan.Park@ed.gov, or Ms. Love by telephone at (216) 522-7626, or e-mail at Chenelle.Love@ed.20y. Sincerely, Donald S. Yarab Supervisory Attomeleeam Leader Enclosure UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS REGION XV snot IIGAN I350 EUCLID AVENUE, SUITE 325 ?n CLEVELAND, OH 44115 . Non Responsive Re: OCR Docket #15?16-2200 Non Responsive Dear I On August I. 2016, the U.S. Department of Education?s Office for Civil Rights (OCR) received a complaint you ?led against Miami University?Oxford (the University). The complaint alleges that the University discriminated against you on the basis of sex. Speci?cally. your complaint alleges that the University failed to and equitably respond to comlaints rcorts. andfor incidents of sexual violence of which it had notice. including youromplaint of sexual assault. and. as a result, students. including you, were subjected to a sexually hostile environment. OCR is responsible for enforcing Title IX ofthe Education Amendments of 1972, 20 U.S.C. 1681 et seq, and its implementing regulation, at 34 C.F.R. Part 106. 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 financial assistance. the University is subject to Title IX. Because OCR has determined that we have jurisdiction over your complaint and that your complaint was ?led timely, we are opening your complaint for investigation. Based on the complaint allegation, we will investigate the following legal issues: 1. Whether the University provided prompt and equitable responses to sexual violence complaints. reports, andr'or other incidents of which it had notice (knew about or should have known about) as required by the Title implementing regulation at 34 CPR. 106.8 and 106.31. Tia- Dt'parnia?nt is to prostate strident and global t'anqa-titimarss entrancian medicare and ensuring t?ij'I'ml auras. trainer?di a. Whether the University complied ivitli the requirements ut'thc Title lx regulation at 34 C.F.R. l06.9 regarding notice of nondiscrimination. b. Whether the University complied ivith the requirements ot'the Title regulation at 34 CPR. 106.8 and 106.9(a) regarding the designation and notice ofa Title IX coordinator. Whether any failure by the University to provide a prompt and equitable response allowed a student, students and/or the campus. generally. to continue to be subjected to a sexually hostile environment that denied or limited students' ability to participate in or benefit from the University's programs it violation ofth Title IX implementing regulation at 34 C.F.R. t' was and 105.31, 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-finder. collecting and analy/ing relevant evidence from the complainant. the recipient. and other sources as appropriate. OCR will ensure that the investigation is legally sufficient and is dispositive ot'thc allegation in accordance with the provisions of Amclc [Il ot'OCR's Cuw Munth OCR works to resolve allegations ordiscrimination and appropriately. We will communicate with you periodically during our investigation. When contacting our office about your 56. please refer to Miami University. OCR Docket Number 15-] 6-1200, Ms. Suwan E. Park and Ms. Clienelle Love are the OCR attorneys who have been assigned to investigate this complaint. If you have any questions. please contact Ms, Park by telephone at (216) 522--4972 or by email at SuwanPaerLed. vov, or Ms. Love by telephone at (216) SZ.-7626 or by e~lnail at Chenelle.Love@ed.gov. Sincerely, Donald S. Yarab Supervisory Attomey/Tcain Leader