L'Nl'l'l?l) R'l'l?rl OF Ul?i?li?i: FUR 3-2 OLD SLIP. Eo'? FLOOR Ni-Ii'l' YORK. NEW 'r?tJl-tlx; J. Nil-.W YORK ?Fl-"ifli October 18. 2016 Lee C. Bollinger President Columbia University 202 l_.ow Library 535 West 116?? Street. Mail Code 4309 New York. New York 10027 Re: Case No. (12-16-2287 Columbia University Dear President Bollinger: On July 22. 2016. the US. Department of Education. Of?ce for Civil Rights (OCR) received the above-referenced complaint filed against Columbia University {the Universit The complainant alleged that the University discriminated against on the basis of sex. by failing to respond and equitably to a complaint of athat reported to the University on or aboutlibxeli (bx-?Cl i and as a resulttas subjected to a sexually hostile environment (Allegation 1). The complainant also alleged that the University discriminated agains on the basis odisability. by failin to .rot-I'idewith academic adjustments and auxiliary aids or services during academic yearAllegation 2). OCR has determined that these allegations are appropriate for investigation. OCR is responsible for Title IX ol? the Education Amendments of 1972 (Title IX). as amended. 20 U.S.C. ti 1681 e_t and its implementing regulation at 34 C.F.R. Part 106- which prohibit discrimination on the basis of sex in programs and activities receiving financial assistance from the U.S. Department of Education (the Department). Additionally. OCR is responsible for enforcing Section 504 of the Rehabilitation Act of 1973 (Section 504). as amended. 29 U.S.C. 794. and its implementing regulation at 34 C.F.R. Part 104. which prohibit discrimination on the basis of disability in programs and activities receiving financial assistance from the Department. The University is a recipient of ?nancial assistance from the Department. 'I?hcrel?ore. OCR has jurisdictional authority to int-'estigate this complaint under Title IX and Section 504. Because OCR has determined that it has jurisdiction and that the complaint was tiled in a timely manner. it is opening these allegations for investigation. Please note that opening these allegations for investigation in no way imply that OCR has made a determination with regard to The Department qfifdtrem?imrls mission is student achievement and prepru?mtwilfbr global compem?flioness hit' fostering rmn? ensuring ennui" rte?cess. Page 2 ofti OCR Case No. 02-16-2287 their 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 its investigation is legally sufficient and is dispositive of the allegation, in accordance with the provisions of Article of Cass 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 or OCR may conduct an onsite tile review in order to obtain this information in a timely manner. The regulation implementing Title VI of the Civil Rights Act of 1964, at 34 C.F.R. 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 in the regulation implementing Title IX, at 34 CPR. 106.7]. This information is also being requested pursuant to 34 C.F.R. 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 contained in the publication entitled, Complaint Processing Procedures,? and on website at :r?i wins? .ed . go v/ abou tr? offices! 1i all no doom :1 aims -ho ?a .html. 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 publication Complaint Processing Procedures,? and on website at Warner-'2 .ed . {lit-E?fab?ulf? ff: eesr? li st! ocrr?comnlaints?h ow. ht ml . Please be advised that the University may not harass, coerce, intimidate, or discriminate against any individual because he or she has filed a complaint or participated in the complaint resolution process. If this happens, the complainant 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 extent provided by law, personally identifiable information, which, if released, could reasonath be citpected to constitute an unwarranted invasion of personal privacy. OCR staff will contact you within twenty (20 days) of the date of this letter to discuss the complaint resolution process. In the interim, if you have any questions, please contact Marykate Page 3 of6 OCR Case ND. 02-16?2287 O?Neil, Compliance Team Attorney, at (646) 428-3814 or marvkateencilifcircdam-?z Jessica Daye, Compliance Team Investigator, at'(646) 423-3812 or iessicadaveiijl'ed.gov; 01' me at (646) 428~ 3306 or felice.bcwenfgiiedam?. Sincerely, %ww Felice A. Bowen Compliance Team Leader Page 4 of 6 OCR Case No. 02-16-2287 Data Regucst Columbia University Case Ne. 02?16-228? I(the complainant) Page 5 of6 OCR Case No. 02?16428? Page 6 0f 6 OCR Case No. 02-16-2287 (MUM) UNITED 0F OFFICE Hut t'tvtt. thill'l?s .1: HM) st Il?. zn'? r'Looa saw roux. rut-1w vosx nmus YORK tJi?I?lflt October 18. 2016 (bll?l; Re: Case No. 02?16-228? Columbia University Dgar (bits); (bl?'tCl On July 22. 2016. the .S. Department of Education. Of?ce for Civil Rights (OCR). received the above-relerenced complaint you ?led against Columbia University [the University). You alleged that the University discriminated against you. on the basis of your sex. by failing to respond prompth and er uitablv to a complaint of a sexual assault that you reported to the University on or about (bile)? and as a result. you were subjected to a sexually hostile environment (Allegation 1). You also alleged that the University discriminated against you. on the basis of your disability. by failing to provide vou with academic adjustments and auxiliary aids or services during academic yeartmlegation 2). OCR has determined that these allegations are appropriate for investigation. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title as amended. 20 U.S.C. 1681 11%, and its implementing regulation at 34 CFR. Part 106. which prohibit discrimination on the basis of sex in programs and activities receiving ?nancial assistance from the US. Department of Education [the Department). Additionally. 0C is responsible for enforcing Section 504 of the Rehabilitation Act of 1073 {Section 504). as amended, 29 U.S.C. 794, and its implementing regulation at 34 C.F.R. Part 104. which prohibit discrimination on the basis of disability in programs and activities receiving ?nancial assistance from the Department. The University is a recipient of ?nancial assistance from the Department. Therefore, OCR has jurisdictional authority to investigate this complaint under Title IX and Section 504. Because OCR has determined that it has jurisdiction and that the complaint was ?led in a timely manner. it is opening your allegations for investigation. Please note that opening the allegations 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 The Department ofErt'uerm'rmh' is to promote Harlem achievement and global coinpcn'rivtwers by fostering exc't't't't'nce and ensuring equal access. Page 2 of2 OCR Case No. {12?16?2287 that its investigation is legally suf?cient and in accordance with the provisions of Article of Case Processing Manual. OCR's goal is the prompt and appropriate resolution of the allegations contained in a complaint. OCR offers. when appropriate. an Early Complaint Resolution process. similar to mediation, to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegationts). Some information about the ECR process is contained in the publication entitled. Complaint Processing Procedures." which was enclosed with previous letter to you acknowledging your complaint. This is also on OCR's website at .html. Also. when appropriate. a complaint may be resolved before the conclusion of an investigation after the recipient expresses an interest to OC 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 also may be found in the publication Complaint Processing Procedures." referenced above. Please be advised that the University may not harass. coerce. intimidate, or discriminate against any individual because he or she has filed 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 extent provided by law. personally identi?able information. which. it" 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 Marykate O?Neil. Compliance Team Attorney. at (646) 428?3814 or Jessica [)aye. Compliance Team Investigator. at (646) 428-38l 2 or or me at (646) 428-3 806 or Sincerely, Folice A. Bowen Compliance 'I?earn Leader