I'Nl'i?lil) Illtt?alt'l'slliN?l? OI: LUNCH-11105: til-Ht'l: ittoll'] i3 oto to 2:1 t-toou stu- volts. sit-u yous hunts J. YORK tll?lilt If December 2. 2016 Non Responsive Re: Case No. 0246-2329 ithaca Collette Dear On September 2016, the US. Department of Education. Of?ce for Civil Rights (OCR) received the above-referenced complaint you ?led against ithaca College [the College). You alleged that the College discriminated against you. on the bases of your sex and race Non Res . Non Respol during its investigation and adjudication of a com laint of sexual violence . Non RESPOH by alNon RESPOHSWE Itstudcnt 1) during thehscmester {Allegation Additionallv. you alleged that the College engaged in retaliation after you expressed concerns duringll?l?n I that the College had discriminated against you on the basis of your race and sex during its adjudication of the contplaintINon Responsive I Will?? the Non Responsive I Non Responsive land. (bilNon Responsive Ilhe provost affirmed the decision of the I you alleged that on or about No? the Title EX Coordinator informed you that you could not have an attorney present whenIEi?? to the College?s Student lCode {the Code): on or about Non Responsive the Title IX Coordinator failed to inform you which infraction ofthe College's Codemmoonsive I the (Tollege'slmtailed to inform you which infraction of the Code Non Responsive lot the possible sanctions that could be assigned for such an infraction: Non Responsive Ithe Non Rgponsive I _(assislant director made comments Indicatingmesponsive Iassistant director 1 and thc Non Responsive [assistant director 2) failed to consider exculpatory evidence that you had previously provided to the Title IX Coordinator during_ the College denied leINon Responsi Idespite vour contention that exculpatory evidence you submitted Non Res was tnissin" from Non Res onsive and not considered anti instead issued Non Responsive Non Responsive assistant director I failed to consider esculpatorv evidence that vou submitted to support ol Non Responsive I during the Non Responsive I assistant director 1 failed to establish the identity ot?student I?s witnesses: Non Res 0 assistant director refused l0 FCCUSE himself from RESPONSIVB despite your concern that he was biased; immediately prior to the- INon Responsive Ithe College informed vou that a timely submitted and sworn exculpatory af?davit would be excluded from evidence; during the?tudent l. and other witnesses were allowed to testify without signing "personal honesty" statements. contrarv to the L'ollcge's Code: and. one of the voting *1 P's fthe lConduct Review BoardINon Responsive Iret?used to recusc herself despite being a R95 ofstudent 1. The Department ttf'h'n'utvrtirm mission is to promote .t'nm?cut (I'Chft'l't?lnt?lil' mid prepomtiort for glob?! compo!fritteutow ht critic'rttionrrl urethane and ensuring eqmn? access. Page 2 of3 OCR Case Number b2?16~2329 Conduct Review Board toINon (Allegation 2). OCR has determined that your allegations are appropriate for investigatioo. OCR is responsible for enforcing Title IX of the Education Amendments of 197'2 (Title IX), as amended, 20 U.S.C. l681 et seq, and its implementing regulation at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in programs and activities receiving ?nancial assistance from the U.S. Department of Education (the Department). OCR is also responsible for enforcing Title VI of the Civil Rights Act of 1964 (Title VI), as amended, 42 U.S.C. e_t gag, and its implementing regulation at 34 CPR. Part 100, which prohibit discrimination on the basis of race, color or national origin in programs and activities receiving ?nancial assistance from the Department. The College is a recipient of ?nancial assistance from the Department. Accordingly, OCR has jurisdiction to investigate this matter under Title IX and Title VI. The regulation implementing Title IX, at 34 C.F.R. 106.?1, incorporates by reference 34 C.F.R. 100.7(e) of the regulation implementing Title Vi, which provides that no recipient or other person shall intimidate, threaten, coerce or discriminate against any individual for the purpose of interfering with any right or privilege secured by regulations enforced by OCR or because one has made a complaint, testi?ed, assisted or participated in any manner in an investigation, proceeding or hearing held in connection with a complaint. Because OCR has determined that it has jurisdiction and that your allegations were ?led in a timely manner, it 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 merit. During the investigation, OCR is a neutral tact-?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 Case Processing Manual. goal is the prom-pt and appropriate resolution of the allegations contained in a complaint. OCR offers, when appropriate, an Early Complaint Resolution (ECR) process, similar to mediation, to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegation(s). Some information about the ECR process is in the enclosure to this letter entitled, Complaint Processing Procedures,? which was enclosed with previous letter to you acknowledging your complaint. This information is also on website at Also, 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, OCR obtains a resolution agreement signed by the recipient. This agreement must be aligned with the complaint allegations or the information obtained during the investigation, and it must be consistent with applicable regulations. Additional information about this voluntary resolution process may be found in the enclosure entitled, Complaint Processing Procedures,? which was enclosed with previous letter to you acknowledging your complaint. This information is also on website at Page 3 of3 OCR Case NumberiU2-16?2329 Please be advised that the College may not harass, coerce. intimidate, or discriminate against any individual because he or she has ?led a complaint or participated in the complaint resolution process. If this happens, you may ?le another complaint alleging such treatment. Under the Freedom of information Act, it may be necessary to release this document and related correspondence and records upon. request. in the event that OCR receives such a request, it will seek to protect, to the extentl'provided by law, personally identi?able information, which, if released. could reasonably be expected to constitute an unwarranted invasion of personal privacy. OCR will communicate with you periodically regarding the status of your complaint. in the interim, if you have any questions, please contact Joy M. Purcell, Compiiance Team Attorney, at (646) 428-3766 or jot-tourcellt?ii?gedgov; Jessica Daye, Compliance Team investigator, at (646) 428-3812 or iessicadavcttitedaov; or me, at (646) 428-3 806 or tclice.lion-entitled.aov. Sincerely, 9% Felice A. Bowen Compliance Team Leader (it? [It?a?l?l?i?t t-?tiR t?t?v?lt thili'l's -I.Utllt viiw Miw sons Itiott? .I. NEW YURH Ul'l?it'li December 2. 2016 Thomas R. Roehon President Ithaca College Peggy Ryan Williams Center. Floor 953 Danby Road Ithaca. New York 14850 Re: Case No. 02-16-2329 Ithaca College Dear President Roehon: On September 8. 2016. the U.S. Department of Education. Of?ce For Civil Rights (OCR) received the above-referenced complaint tiled against Ithaca College (the College). The complainant alleged that the College discriminated against- on the bases olex and race during its investigation and adjudication ol?a complaint of sexual violence filedINEm RESPUHSI alNDn RESPUHSWE I(student I) during the semester (Alle ration 1].1 Additionally, the complainant alleged that the College engaged in retaliation concerns Responsive lthat the College had I Spa icaily. the complainant alleged that on or about the Title IX Coordinator informed El that. ould not have an attorney present whenINon Responsive Icont'rarv to the College's Student Code of Conduct (the Code}: on or abontINon Responsive Ithe "[?itte IX Coordinator failed to inform No -'hich in Fraction of the CodeINon Responsive Ithe (hiked-failed to inform No which infraction of the Code-INon Responsive Ittr the possible sanctions that could be assigned for such an infraction; duringlNon Responsive Responsive [assistant director made comments indicating, INon Responsive assistant director I and theINon Responsive {assistant director 2] tailed to consider cxcul alory evidence that the complainant had previously provided to the "I?itle IX Coordinator during- the College denied the complainants request for? iespit No ?ontention that exculpatory evidence submitted Non Res onsive was missingJ from and not considered. and instead Non Responsive assistant director I failed to consider exculpatorv evidence that the complainant submitted in support ol?INon Responsive Iduring the Non Responsive Iassistant director I failed to establish the identity ol? student l?s witnesses: in Non RespIassistant director I refused to recuse himself From theINon Respon Idespitc the complainant?s concern that he was biased; immediately prior to theLNan?ponsive Ithc College informed the comlainant that a timely submitted and sworn exculpatory af?davit would be excluded from evidence; during the hstudent I. and other witnesses. were allowed to testify without signing, "personal honesty" statements. contrary to the College?s Code; and. one ofthe voting members ot?the Conduct Review Board- INon Responsive rcFused to recuse herselfdespite beinw t" student I. The oftirt?trt'ntt'ott's erosion is to promote student and preparation rm stunts ('rmtpertmvents-s hi" ?ts-tartan educations! and mourns: more! acres-s. Page 2 of 10 oca Case Number 02-16?2329 discriminated against Non on the basrs of R35 race and sex during its adjudlcation of the complaintING? Respons V3 iwhen.? (al the Conduct Review Responsive Non Responsive i and, on or about Non lilo? Ithe provost af?rmed the cecision of the Conduct Review Board toINGn WESPOHSWE (Allegation 2). OCR has determined that the complainant?s allegations are appropriate for investigation. Additionally, OCR will investigate whether the College failed to respond and effectively to complaints, reports andi?or incidents of sexual violence of which it had notice; and as a result, students at the College, including the complainant, were subjected to a Sexually hostile environment. OCR is reaponsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 U.S. C. 1681 et fseg., and its implementing regulation at 34 CPR. Part 106, which prohibit discrimination onthe basis of sex in programs and activities receiving ?nancial assistance from the U.S. Department of Education (the Department). OCR is also reSponsible for enforcing Title Vi of the Civil Rights Act of 1964 {Title Vi), as amended, 42 U.S.C. 2000d e_t Egg and its impiementing regulation at 34 C.F.R. Part 100, which prohibit discrimination on the basis of race, color or national origin in programs and activities receiving ?nancial assistance from the Department. The College is a recipient of ?nancial assistance from the Department. Accordingly, OCR has jurisdiction to investigate this matter under Title IX and Title VI. The regulation implementing Title IX, at 34 C.F.R. 106.71, incorporates by reference 34 C.F.R. 100.7(e) of the regulation implementing Title Vi, which provides that no recipient or other person shall intimidate, threaten, coerce or discriminate against any individual for the purpose of interfering with any right or privilege secured by regulations enforced by OCR or because one has made a complaint, testified, assisted or participated in any manner in an investigation, proceeding or hearing held in connection with a complaint. Because OCR has determined that it has jurisdiction and that the allegations were filed in a timely manner, it 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 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 sufficient and is dispositive of the allegations, in accordance with the provisions of Article ofOCR?s Case Processing Manual. Enclosed is a document entitled, Complaint Processing Procedures." This document will provide you with an overview of complaint evaluation. investigation, and resolution process. OCR will collect only material needed to investigate this complaint and will take all proper precautions to protect the identity of any individuals named in documents. Please submit the information listed on the enclosed data request to OCR within twenty (20) days of the date of this letter. 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 financial assistance make available to OCR information that may be necessary for it to determine whether a recipient is in compliance with the regulations it enforces. This requirement is incorporated by reference Page 3 of 10 ocn Case Number 02-16-2329 in the regulation implementing Title IX at 34 CTR. 106.7]. This information is also being requested pursuant to 34 CPR. goal is the prompt and appropriate resolution of the allegations contained in a complaint. OCR offers, when appropriate, an Early Complaint Resolution (ECR) process, similar to mediation, to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegation(s). Some information about the ECR process is in the enclosure to this letter entitled, Complaint Processing Procedures,? and on website at Also, 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, OCR obtains a resolution agreement signed by the recipient. This agreement must be aligned with the complaint allegations or the information obtained during the investigation. and it must be consistent with applicable regulations. Additional information about this voluntary resolution process may be found in the enclosure entitled, Complaint Processing Procedures,? and on OCRE website at Please be advised that the College may not harass, coerce, intimidate, or discriminate against any individual because he or she has: ?led a. complaint or participated in the complaint resolution process. If this happens, the complainant may file another complaint alleging such treatment. Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request. In the event that OCR receives such a request. it will seek to protect, to the extent provided by law, personally identifiable information, which, if released, could reasonably be expected to constitute an unwarranted invasion of personal privacy. - OCR staff will contact you within twenty (20) calendar days to discuss the allegations and the complaint resolution process. In the interim, if you have any questions, please contact Joy M. Purcell, Compliance Team Attorney, at (646) 423-3766 or iovpurcelltriledgov; Jessica Daye, Compliance Team Investigator, at (6-46} 428-3312 or or me, at (646) 428- 3806 or ?che-ebowenttitednov. Sincerely, Bel/toe am Felice A. Bowen Compliance Team Leader Enc. Page 4 01?10 OCR Case Numb?r 02?16-2329 Data Reguest Case No. 02?16-2329 College RESPonswe (the Cumulainant} Due Date: (WWHA) Page 5 of 10 OCR Case Number 02-16-2329 Page 6 of 10 OCR Case Numbei 02-16?2329 Page 7 of 10 OCR Case Numbei? 02-1 6~2329 (MUM) Page 3 of 10 OCR Case Numbei? 02-16-2329 Page 9 of 10 OCR Case Numbef 02-16?2329 Page 10 of 10 OCR Case Numb?r 02-16-2329 (WHEN