?$54 angry?a .3 UNITED srarss DEPARTMENT or EDUCATION Ramos- bases us! 2 OFFICE son CIVIL RIGHTS mowers an? - a?s/ Mam? . . mm Beg :05 WEST MADISON ST, SUITE 147': IOWA CHICAGO, 11. 505514544 MINNESOTA NORTH DAKOTA WISCONSIN June 10, 2016 Non Responsive Re: OCR #05-16~2253 Non Responsive Dear This is to notify you that the U.S. Department of Education (Department), Of?ce for Civil Rights (OCR), has carefully evaluated the above-referenced complaint you ?led with OCR, on May 20, 2016, against Indiana University-Purdue University Fort Wayne (University), alleging discrimination on the basis of sex and also alleging retaliation. We conduoted the evaluation in accordance with Case Processing Manual to determine whether to open the complaint for investigation. Your complaint alleges the following: 1 Non Responsive Allegation #1 of this complaint raises whether the University fails to provide a prompt and equitable grievance procedure to studentsle bf sexual misconduct. You also alleged in your complaint that you were subjected to age discrimination, but informed OCR in a telephone conversation on June 3 that you wished to withdraw this allegation. Therefore, OCR will take no further action with regard to this allegation. OCR is responsible for Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681-1688, and its implementing regulation at 34 CPR. Part 106. Title IX prohibits discrimination based Upon sex in any educational program or activity Operated by a recipient of ederai ?nancial assistance. Title IX also prohibits retaliation. As a recipient of Federal ?nancial assistance from the Department, the University is subject to Title IX. The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellenee and renaming equal access. medgou Non Responsive Page 2 Because OCR has determined that it has jurisdiction and that the complaint was ?led timely, it is Opening allegations #1 and #2 for investigation. Please note that opening the allegations for investigation in no way implies that OCR has made a determination with regard to their 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 allegations, 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 when the recipient expresses an interest to resolve the complaint. In such cases, a resolution 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. OCR is committed to prompt and effective service. If you have any questions, please contact Camille D. Lee, Civil Rights Attorney, at 312-730-1561 or by email at Camille.Lee@ed.gov. Sincerely, 7/ L, of rey Turnbull Team Leader Enclosure UNITED STATES DEPARTMENT OF EDUCATION REGION OFFICE FOR CIVIL RIGHTS ILLINOES INDIANA soc weer MADISON ST, sun's 1475 rows CHECAGO, IL 60661-45e4 WNNESOTA NORTH DAKOTA June 1 0, 201 6 Ms. Vicky L. Carwein Chancellor - Indiana University?Purdue University Fort Wayne 2101 E. Coliseum Blvd. Fort Wayne, IN 46805-1499 Re: OCR Docket 05-16-2253 Dear Ms. Carwein: This letter 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, ?led with OCR on May 20, 2016, against Indiana University?Purdue University Fort Wayne (University), alleging discrimination on the basis of sex and also alleging retaliation. We conducted the evaluation in accordance with Case Processing Manual to determine whether to open the complaint for investigation. The complaint alleges the following: Non Responsive l. Allegation #1 of this complaint raises whether the University fails to provide a prompt and equitable grievance procedure to PM11 Responsive Iof sexual misconduct. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681-1688, 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. Title IX also prohibits retaliation. 'As a recipient of Federal ?nancial assistance from the Department, the University is subject to Title IX. Additional information about the laws OCR enforces is available on our website at http?/wmvedeov/ocr. The Department of Education's mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. wwedgov Page 2 Ms. Carwein Because OCR has determined that it has jurisdiction and that the complaint was filed timely, OCR is opening the 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 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 allegations, 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 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. Information about this is in the enclosure to this letter. Please read the enclosed document entitled Complaint Processing Procedures,? which includes information about: 0 complaint processing procedures; I Regulatory prohibitions against retaliation and intimidation of persons who file 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 C.F.R. ?100.6(b) and requires that a recipient of Federal ?nancial assistance make information that may be pertinent to reach a compliance determination available to OCR. This requirement is incorporated by reference by the regulation implementing Title IX at 34 C.F.R. 106.71. Pursuant to 34 C.F.R. 100.6(c) and 34 C.F.R. of the regulation implementing the Family 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 forward 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. 1 . (NORA) 2. Pagt: 3 Ms, Carweir?l (EMTHAE DJ 6. 10. Page 4 MS. Carwein (WORM 12. Page 5 Ms, Cam-Bin (MUM-A) 14. 16. 17. 18. 19. Page 6 Ms. Carwein '20. 21. 22. 24. 26. 27. Page 7 Ms. Carwein (ROMA) 28. 29. Page 8 Ms. Carwein 3 5? (blt?tA) 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 fer the visit. Please notify OCR of the name, address, and telephone number of the person who will serve as the University?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 at that time, we will provide the identity of Student A and Student B. OCR is committed to prompt and effective service. If you have any questions, please contact Camille D. Lee, Civil Rights Attorney, at (312) 730-1561 or by e-mail at Camille.Lee@ed.gov. Sincerely,? /7 -Je frey Turnbull Team Leader Enclosure