UNITED STATES DEPARTMENT OF EDUCATION REGION Iv OFFICE FOR CIVIL RIGHTS ALABAMA FLORIDA a] ST., (transom ATLANTA, on 30303-3927 TENNESSEE Novemhe. all, 2016 Dr. Wendy l3. Libby Office of the President Stetson University 421 N. Woodland Blvd. Deland, Florida 32723 Re: Complaint 04?16?2345 Dear Dr. Libby: On .?eptember 2:3. eats. the US. Department of Education (Department), Of?ce for Civil Rights received the above-referenced complaint tiled (Complainant) alleging that! Stetson University {University} engaged in discrimination on the basis ot'sex by to and equitably respond to her report ot'sexual violence by anOther University student (Student) in January 20] a. Speci?cally, the Complainant alleges that the University failed to provide her with proper notice regarding an intake meeting/interview with the assigned Title 1X investigator {investigator}. The Complainant also alleges that INOWESDUHBWE Non Responsive Non Responsive I'l?he Complainant alleges that. she noti?ed the University each time the Student violated the mutual rte-contact order that was issued and that the University failed to respond. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title 20 i68i e! seq? and its implementing regulation- 34 (IF-R. Part 106, which prohibit discrimination on the basis else): in any education program or activity operated by a recipient of Federal ?nancial assistance (FFA) from the Department. The University receives Flirt from the Department and is therefore subject to Title EX and the regulation. Additional infonnation about the laws OCR enforces is available on our vvebsite at Because OCR has determined the it itasjurisdiction and that the complaint was tiled timely. it is openinU this complaint 1" or investigation. Please note that opening the complaint fear investigation in no way implies that OCR has made a determination with regard to its merit. During the investigation. OCR is a neutral tact-tinder. collecting and analyzing relevant evidence from the complainant. the recipient. and other sources. as appropriate. OCR will ensure that its The Department of Education '5 missi: In is at Promote station: achievement and for global crtiiutetitii 'eness ltt' fostering L?tfmm?i'nnm' excellence and ensuring equal access. IN .EOV Compliant #04-16-2345 Page 2 investigation is legally sufficient and is dispositive ot?the allegation. in accordance with the provisions of Article Ill of the Case Processing .?la?crnarrl. OCR will investigate the following legal issues: 1. Whether the University failed to provide prompt and equitable responses to sexual harassment or violence complaints, reports anchor incidents of which it had notice. in noncompliance with the Title IX implementing regulation at 34 C.F.R. 106.8. 106.31. 2. Whether the University?s failure to provide a prompt and equitable response to complaints, reports or incidents of sexual harassment or violence allowed the Complainant or other students to be subjected to a sexually hostile environment. in netreompliance with the Title 1): implementing regulation at 34 CPR. 106.8. 106.31. Please read the enclosed information about complaint processing. which includes information about the regulatory prohibitions against retaliation. intimidation and harassment of persons who tile complaints with OCR or participate in an OCR investigation; and application of the Freedom of lnl?hrmation Act and the Privacy Act to OCR investigations. OCR will conduct a prompt investigation of this complaint. The regulation implementing Title VI. at 34 CPR. 100.603) and requires that a recipient make available to OCR information that may be pertinent to reach a compliance determination. This requirement is incorporated by reference in the Title IX regulation at 34 ORR. Section 106.?1. Pursuant to 34 C.F.R. 100.6(c) and 34 C.F.R. ol'thc regulation implementing the Family Educational Rights and Privacy Act. 20 U.S.C. 1232g. OCR may review personally identi?able records without regard to considerations ot'privaey or con?dentiality. Accordingly, OCR is requesting that you forward the lbllowing information. including an- redacted copies of the speci?ed documents. to us within 15 calendar days of this request. Unless otherwise stated. please provide this information and documents for the University?s Deland campus from January 1. 2013 forward through the date ot?this data compilation. Include all information and documents related to allegations by students at all academic levels undergraduate. graduate. etc.) regarding alleged sexual harassn'tentlviolencei by other students. laculty. instructors, and stall". (bll'f'ltAl Please note that as used in this document. ?sexual harassment or sexual harassmentr'violence" includes allegations ot?the following conduct: sexual assault: rape: sexual battery: sexual coercion: rape or other sexual acts occurring without consent: domestic violence: tinting violence: stalking: unwelcome sexual advances; requests for sexual favors: and other sexual misconduct: and other verbal. nonverbal or physical conduct ofa sexual nature. CompIiam (1-23?35 air 1 Putt. .1 L'umpiinnl13304?164345 Page: 3: #04? 1 62345 Page 5 ~r .3111 #Compliant #04-1-?5-2345 Paint: 7 Pursuant In Section 302 of Cm? Pi'ocexs?mg a complain: may be resoived at any time When. bci?nrc the conclusion 01? an investiganinn. the University expresses an interest in Compliant #04-16-2345 Page 8 resolving the complaint. Please contact the assigned investigator ifthe University wishes to discuss a Section 302 voluntary resolution. In addition to the information requested above. OCR may need to request additional information and interview pertinent personnel. During the course of this investigation. we will conduct one or more on-site visits. You will be contacted to schedule a mutually convenient time for those visits. Please notify OCR ot?the name, address. and daytime telephone number of the person who will serve as the University's contact person during this investigation. We would like to talk with this person as soon as possible regarding the information requested in this letter. he individuals at OCR who have been assigned to lead this investigation are Mr. Willie Black and Ms. Jessica Baker. OCR Attomeys. If you have any questions or concerns. please do not hesitate to contact Mr. Black (404) 97'4? 9359. Ms. Baker, at (404) 974-9422. or me at (404} 974-9356. Sincerely. Wendy Gatlin Compliance Team Leader UNITED STATES DEPARTMENT OF EDUCATION nearest Iv OFFICE FOR CIVIL RIGHTS ALABAMA FLORIDA a] SUITE GEORGIA GA TENNESSEE November 29. 2016 Non Responsive Re: OCR Case 0446-2345 De On September 26. 2016 the US. Department of Education. Of?ce For Civil Rights (OCR) received the complaint tiled by you (Complainant) alleging that Stetson University engaged in discrimination on the basis of sex by failing to and equitably respond to your report of sexual violence by another University student in January 2016. OCR is responsible for enforcing Title IX ofthe Education Amendments of 1972 {Title 1X). 20 USE. 168i er seq" and its implementing regulation. 34 CPR. Part 106, which prohibit discrimination on the basis ot?sen in any education program or activity operated by a recipient 01? Federal ?nancial assistance ('Fl'iA) from the Department. The University receives FFA from the Department and is therefore subject to Title and the regulation. Additional information about the laws OCR enforces is available on our website at OCR will investigate the following legal issues: 1. Whether the University failed to provide prompt and equitable responses to sexual harassment or violence complaints. reports andr'or incidents t? which it had notice. in noncompliance with the Title IX implementing regulation at 34 CPR. 106.8. 106.31. to Whether the failure to provide a prompt and equitable response to complaints, reports or incidents ol?scsual harassment or violence allowed the Complainant or other students to be subjected to a sexually hostile environment. in noncompliance with the Title 1X implementing regulation at 34 CPR. 106.8. 106.31. Because OCR has determined that it liasjurisdietion and that the complaint was filed timely. it is Opening this allegation for investigation. Please note that opening the allegation for investigation in no way implies that 0C has made '1 determination with regard to 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 ot?the allegations. in accordance with the provisions ol'Article lli of ("rise Processing We work to resolve allegations ol?discrimination and appropriately. The individuals at OCR who have been assigned to lead this investigation are Mr. Willie Black and Ms. Jessica The of Education? mission to promote student achievement and preparation for global by fostering educational excellinn'e and ensuring equal access. . gov OCR Complaint 04-16-2345 Page 2 Baker, OCR Attorneys, with Mr. Black being the primary contact throughout the resolution process. Please refer to your docket number noted above in any contacts with this office. If you have an}r questions or concerns, please do not hesitate to contact Mr. Black at (404) 974- 9359, Ms. Baker at (404) 974-9422, or me at (404) 974-9356. Sincerely, Wendy Compliance Team Leader