r. - - - - 7?:3521 JP -. i Jinn-lie Dr. Gayle D. Beebe President Westmont College 955 La Paz Road Santa Barbara, Califomia 93108 DEC ti 1 2mg (In reply, please refer to case no. 09-16-2441.) Response required by: December 19, 2016 Dear President Beebe: o_ 2016, the us. Department of Education, Office for Civil Rights (oca), received a complaint against Westmont College (the College). The Complainant, alleges discrimination on the basis of sex on behalf of her daughter, casement} {the Student). OCR understands the allegations to be that the College tailed to provide the Student with a prompt and equitable response to her complaint of sexual violence. Speci?cally, the Complainant alleges that the College: 1) Provided the respondent in the Student's complaint with extensions that advantaged him during the complaint investigation process; Provided the respondent with documents and evidence submitted by the Student prior to questioning him. and did not provide the same information to the Student before she was questioned; and 3) Refused to investigate multiple instances of harassment by other students, which allowed the Student to be subjected to a hostile environment on the basis of sex. OCR enforces Title IX of the Education Amendments of 1972 and its implementing regulation at 34 CFR. Part 106 which prohibit discrimination on the basis of sex in programs and activities Operated by recipients of Federal ?nancial assistance. The College receives funds from the Department and is subject to the above laws and their regulations as enforced by OCR. We have determined that the allegations stated above are appropriate for investigation under the laws enforced by OCR. OCR will proceed with resolution of the complaint. in addition, please note that investigation will also include the following areas of Title iX compliance: - 3- unit'- turn-21:" -. I: Page 2 (09-16-2441) 1} Whether the College complied with Title IX requirements regarding development and dissemination of notice of nondiscrimination pursuant to 34 CPR. 106.9; 2) Whether the College complied with Title IX requirements regarding the designation and notice ofa Title lX Coordinator at 34 C.F.R 3) Whether the College?s sexual harassmentlviolence policies and procedures comply with Title IX and the regulation at 34 C.F.R 4) Whether the College provided a prompt and equitable response to sexual harassmentiviolence complaints. reports andior other incidents of which it knew or should have known under 34 CPR. 106.31 and 106.8; and 5) Whether the College?s failure to provide a prompt and equitable response to notice of sexual harassment/violence allows other students to be subjected to a hostile environment on the basis of sex under 34 CPR. ??106 31 and 106.8. Because OCR has determined that it has jurisdiction and that the complaint was filed timely or qualified for a waiver of the timeliness requirement, it is Opening these 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-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 Ill of the Case Processing Manual. Enclosed is a copy of the OCR Case Processing Procedures and an initial data request. Please provide the information described in the data request by the date indicated at the top of this letter. Please also provide the name and telephone number of the person you designate to respond. right of access to this information is found at 34 Code of Federal Regulations. section Considerations of con?dentiality are not a bar to OCR obtaining requested information under section Please be aware that it might be necessary for us to make additional requests for information in the future. OCR is committed to resolving complaints as as possible. OCR will contact you or your designated representative soon to discuss the allegation(s), the initial data request and the complaint resolution process. Further. OCR may close this complaint prior to making formal findings of compliance or non-compliance, provided that the circumstances or information gathered establishes an administrative or other basis for resolution in accordance with the Case Processing Manual. OCR routinely advises recipients of Federal funds and public education entities that Federal regulations prohibit intimidation, harassment or retaliation against those filing complaints with OCR and those participating in the complaint resolution process. Page 3 (09?1 5-2441) Complainants and participants who feel that such actions have occurred may file a separate complaint with OCR. Under the Freedom of Information Act, it may be necessary to reiease this document and related records upon request. In the event that OCR receives such a request, it will seek to protect, to the extent provided by law, personal information that, if reieased, could reasonably be expected to constitute an unwarranted invasion of privacy. Your cooperation is appreciated. If you have any questions, piease contact our office at 415-486?5555. Charles R. Love Program Manager Enclosures U. S. Department at Education Office for Civil Rights Initial Data Request Westment Cottage Docket Number 09-16-2441 OCR Data Request 09-16-2441 OCR Dara Request 09-16-2441 OCR Data Request 09-16444? OCR Dara Request - 09-16-2441 f? F??t -. ii. I Hill? Full DEC {1 1 ?Hi (In reply. please refer to case no. 09?16?2441 .) Dear On 2016. the us. Department of Education, Office for Civil Rights (OCR). received your complaint against Westmont College (the College). Your com taint alleges discrimination on the basis of sex on behalf of your daughter, (the Student). OCR currently understands your allegations to be that the Lionege tailed to provide the Student with a prompt and equitable response to her complaint of sexual violence. Speci?cally, you allege that the College: t) Provided the respondent in the Student?s complaint with extensions that advantaged him during the complaint investigation process; 2} Provided the respondent with documents and evidence submitted by the Student prior to questioning him, and did not provide the same information to the Student before she was questioned; and 3) Refused to investigate multiple instances of harassment by other students, which allowed the Student to be subjected to a hostile environment on the basis of sex. OCR enforces Title lX of the Education Amendments of 19?2 and its implementing regulation at 34 C.F.R. Part 106 which prohibit discrimination on the basis of sex in programs and activities operated by recipients of Federal ?nancial assistance. The College receives funds from the Department and is subject to the above laws and their regulations as enforced by OCR. We have determined that your complaint is appropriate for investigation under the laws enforced by OCR and OCR is new opening your complaint for investigation. In addition. piease note that OCR's investigation will also include the following areas of Title IX compliance: 1) Whether the College complied with Title ix requirements regarding develooment and dissemination of notice of nondiscrimination pursuant to 34 C.F.R. 106.9; .2) Whether the College complied with Title IX requirements regarding the designation and notice of a Title lX Coordinator at 34 CPR vii?:- Match-Hi .. . .: - .?Il'lti - Page 2 (09?1 6-2441) 3) Whether the College's sexual harassmentlvioience policies and procedures comply with Title IX and the regulation at 34 C.F.R 106.803); 4) Whether the College provided a prompt and equitable response to sexual harassmentfviolence complaints, reports andlor other incidents of which it knew or should have known under 34 C.F.R. 106.31 and 106.6; and 5) Whether the College's failure to provide a prompt and equitable response to notice of sexual harassment-?violence allows other students to be subjected to a hostile environment on the basis of sex under 34 C.F.R. ??106 31 and 166.6. OCR is now beginning the complaint resolution process. Because OCR has determined that it has jurisdiction and that the complaint was filed timely or qualified for a waiver of the timeliness requirement, it is Opening these allegations for investigation. Please note that opening these 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-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 Ill of the Case Processing Manual. OCR is committed to resolving complaints as as possible. OCR may close this complaint prior to making formal findings of compliance or non? compliance, provided that the circumstances or information gathered establishes an administrative or other basis for resolution in a cordance with the Case Processing Manual. Federal regulations prohibit the College from retaliating against you or from intimidating, threatening, coercing, or harassing you or anyone else because you filed a complaint with OCR or because you or anyone else take part in the complaint resolution process. Contact OCR if you believe such actions occur. Under the Freedom of Information Act, it may be necessary to release this document and related records upon request. In the event that OCR receives such a request, it will seek to protect. to the extent provided by law, personal information that, if released, could reasonably be expected to constitute an unwarranted invasion of privacy. If you have any questions about this letter, please call our of?ce at 415-486?5555. iv. Charles R. Love Program Manager