UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS, REGION XV I350 EUCLID AVENUE. SUITE 325 CLEVELAND. OH 44115 onto SEP 91 2016 Nonresponsive Re: OCR Docket #15-16-2143 nea- On April 29, 2016, the U.S. Department of Education?s Of?ce for Civil Rights (OCR) received the complaint you ?led against the College of Wooster (the College). The complaint alleges that the College discriminated against students based on sex by failing to and equitably respond to complaints, reports, and/or incidents of sexual violence of which it had notice, including a NonreSponsive complaint of sexual assault against a student (the Student), and, as a result, students, including the Student, were subjected to a sexually hostile environment. OCR is responsible for enforcing Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 etseq., and its implementing regulation, at 34 CPR. Part 106. which prohibit discrimination on the basis of sex in education programs and activities operated by recipients of Federal ?nancial assistance from the U.S. Department of Education (the Department). As a recipient of Federal financial assistance from the Department, the College is subject to Title IX. Because OCR has determined that it has jurisdiction and that the complaint was ?led timely, we are opening the allegation for investigation. Based on the complaint allegation. we will investigate the following legal issues: 1. Whether the College provided prompt and equitable responses to sexual violence complaints, reports, and/or other incidents of which it had notice (knew about or should have known about), as required by the Title IX implementing regulation at 34 CPR. 106.8 and 106.31. The Department of Education '3 mission is to promote student achievement and preparation for global competitiveness educational excellence and ensuring equal access. ed. go Page 2 Nonresponsive 21. Whether the Collegee complied with the requirements of the Title IX regulation at 34 CPR. 106.9 regarding notice of nondiscrimination. b. Whether the College complied with the requirements ofthe Title IX regulation at 34 C.F.R. 106.8 and 106.9(a) regarding the designation and notice of a Title IX coordinator. 2. Whether any failure by the College to provide a prompt and equitable response allowed a student or students and/or the school, generally, to continue to be subjected to a sexually hostile environment that denied or limited a student?s or students? ability to participate in or benefit from the College?s program, in violation of the Title IX implementing regulation at 34 CPR. 106.8 and 106.31. Please note that opening an allegation for investigation in no way implies that OCR has made a determination with regard to its 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 the investigation is legally suf?cient and is dispositive of the allegations in accordance with the provisions of Article 111 of Case Processing Manual. OCR works to resolve allegations ofdiscrimination and appropriately. We will communicate with you periodically during our investigation. When contacting our of?ce about this case, please refer to OCR Docket Number 15-16-2143. If you have any questions, please contact Harrison or Daniel Scharf, the OCR attorneys who have been assigned to investigate this complaint. You can reach Harrison by telephone at (216) 522-4894 or by e-mail at Harrison.Bl he ed. ?ov. You can reach Daniel Scharf by telephone at (216) 522-7627 or by e-mail at Sincerely, I. I /l Brenda Redmond Supervisory Attomey/Team Leader UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS. REGION XV REGION xv I350 EUCLID AVENLE. SUITE 325 CLEVELAND. OH 44I lS umo SEP 2015 Dr. Sarah Bolton President College of Wooster 1 189 Beall Avenue Wooster, Ohio 44691 Re: OCR Docket #15-16?2143 Dear Dr. Bolton: On April 29, 2016, the US. Department of Education?s Of?ce for Civil Rights (OCR) received a complaint ?led against the College of Wooster (the College). The complaint alleges that the College discriminated against students based on sex by failing to and equitably respond to complaints, reports. and/or incidents of sexual violence of which it had notice, including alNonresponsive I complaint of sexual assault against a student (the Student), and, as a result, students, including the Student, were subjected to a sexually hostile environment. OCR is responsible for enforcing Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq, and its implementing regulation, at 34 CPR. Part 106, which prohibit discrimination on the basis of sex in education programs and activities operated by recipients of Federal ?nancial assistance from the US. Department of Education (the Department). As a recipient of Federal ?nancial assistance from the Department, the College is subject to Title IX. Because OCR has determined that it has jurisdiction over the allegation and that this complaint was tiled timely, we are opening the allegation for investigation. Based on the complaint allegation, we will investigate the following legal issues: 1. Whether the College provided prompt and equitable responses to sexual violence complaints, reports, and/or other incidents of which it had notice (knew about or should have known about), as required by the Title IX implementing regulation at 34 C.F.R. 106.8 and 106.31. The Department of Education '3 mission is to promote student achievement and preparation for global competitiveness by [Entering educational excellence and ensuring equal access. mew. ed. gov Page 2 Dr. Sarah Bolton Whether the College complied with the requirements of the Title IX regulation at 34 CPR. l06.9 regarding notice of nondiscrimination. b. Whether the College complied with the requirements of the Title IX regulation at 34 CPR. 106.8 and 106.9(a) regarding the designation and notice of a Title IX coordinator. Whether any failure by the College to provide a prompt and equitable response allowed a student or students and/or the College, generally. to continue to be subjected to a sexually hostile environment that denied or limited a student?s or students? ability to participate in or bene?t from the College?s program, in violation of the Title IX implementing regulation at 34 CPR. 106.8 and 106.31. Please note that opening an allegation for investigation in no way implies that OCR has made a determination with regard to its 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 the investigation is legally suf?cient and is dispositive of the allegation in accordance with the provisions of Article of Case Processing Manual. Please read the enclosed document entitled Complaint Processing Procedures," which includes information about: 0 complaint evaluation and resolution procedures, including the availability of Early Complaint Resolution 0 regulatory prohibitions against retaliation, intimidation, and harassment of persons who ?le 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. Additional information about the laws OCR enforces is available on our website at OCR intends to conduct a prompt investigation of this complaint. The Title VI regulation, at 34 C.F.R. 100.6, requires that a recipient of Federal ?nancial assistance make available to OCR information that may be pertinent to reaching a compliance determination. The Title IX regulation incorporates those requirements by reference at 34 CPR. 106.71. In addition, in accordance with the Title VI regulation at 34 C.F.R. 100.6(c) and the regulation implementing the Family Educational Rights and Privacy Act, 20 U.S.C. 1232(g), at 34 CPR. OCR may review personally identi?able records without regard to considerations of privacy or con?dentiality. Page 3 Dr. Sarah Bolton Accordingly. we are requesting that you forward the following information to us within 15 calendar days of the date stamped at the top ofthis letter: I. U1 6. a copy of any College policies or procedures in effect during the 3013-2014. 2014-2015. and 2015-20l6 school years that address discrimination and harassment based on sex, including sexual violence. involving students, employees. and third parties. including sexual violence/misconduct/harassment policies and procedures. Title IX grievance procedures, applicable disciplinary procedures and codes. appeal procedures, and nondiscrimination notices; if any of the above policies or procedures changed over the applicable time period, a copy of all documents that reflect each change and note the date(s) when the new policy or procedure became applicable; the name(s) and title(s) ofthe College?s Title IX coordinator(s). and any deputy or In addition, please note when each individual assumed his or her position, and provide an explanation of how that person or persons? identity and contact information are disseminated to students. faculty, staff, and administrators; the names and titles of any College personnel. other than those listed in response to request number 3, responsible for investigating incidents of discrimination and harassment based on sex or implementing any part of the College?s Title IX grievance process; a description of how the College handles criminal complaints and the effect that criminal complaints have on the College?s Title IX investigation process; the names and titles of any College designated contact person for related criminal investigations; and the process used by the College in communicating with local prosecutors about the status of criminal investigations; a description oflaw enforcement?s role in the College?s Title IX investigation process. including a copy of any mernoranda of understanding with campus and local law enforcement or related protocols: a description of how the College handles requests for confidentiality by those reporting incidents of discrimination and harassment based on sex. including sexual violence; a detailed description of the College?s student conduct system. including how it works and its role with respect to the reporting of sexual harassment, sexual assault or sexual violence complaints: include the Page 4 Dr. Sarah Bolton 9. names and titles of all individuals who have access to review infonnation relayed to the system and the name and title of the individual responsible for monitoring the system; a copy ofall documentation concerning any formal or informal complaints or reports ofsexual harassment made to the College (including, but not limited to those received by College personnel, campus security, College housing residential advisors, health services, Title IX coordinator. or those received elsewhere and then referred to the College) or investigated/ resolved by the College during the 20l3-2014, 2014-2015, and 2015-2016 school years. The documentation should re?ect all steps ofthe complaint process through the final resolution, including all levels of the appeal process available through the College, and shall include: a. a copy of any written complaints or reports. and a detailed description of any verbal complaints; b. a copy ofall investigative ?les, interview memoranda. witness statements, and related documents concerning any College investigation ofthese complaints or reports; c. a copy of any documents showing the steps ofthe investigation and the results of the College?s investigation, including any correspondence, c-mails. and other documents, as well as how the College noti tied pertinent parties of the outcome of each investigation; d. a detailed description of any action the College took to stop any harassment or discrimination and to prevent any additional discrimination or harassment based on sex, while each complaint or report identi?ed in response to request 9(a) above was being investigated (interim measures) by the College or other law enforcement entities or after the investigation concluded; g: a copy of any documents, including student discipline records. memoranda. e-mails, notes, or other documents. that discuss or relate to any disciplinary or other remedial action the College took in response to each complaint or report identi?ed in response to request 9(a) above; and f. for each complaint or report ot?alleged sexual harassment and/or violence responsive to this request, identify 1) whether the College found that the complainant and/or other students were sexually harassed/assaulted; (2) whether the College found that any complaint was part ofa larger pattern of similar complaints: Page 5 Dr. Sarah Bolton 10. l3. l4. (3) whether the College made any conclusion about whether the complainant and/or other students were subject to a sexually hostile environment: and (4) whether any of the ollege?s ?ndings. actions. or conclusions were reversed, overturned, or af?rmed through a subsequent appeal process; ifnot included in responses above. copies of all communications. including letters. e-mails, notes, memoranda. reports, notices, or other communications sent or received by College faculty, staff. administration. and/or trustees during the 2013-2014, 2014-2015. and 2015-2016 school years that discuss. relate. or refer to the complaints or reports identi?ed under request #9 above; copies of any notes. agendas, summaries, or follow-up communication related to any meetings during the 201 3-2014. 2014-2015, and 2015?2016 school years between College staff and the complaining student(s) regarding any allegations of, or remedies for, sexual harassment; a description and copies, if applicable, of any steps the College took during the 2013-2014, 2014-2015. and 2015-2016 school years to make students, faculty, and staff at the College aware ofthe policies and procedures identi?ed in response to requests or 2 above. such as publications, website statements, and/or training; a description ofthe ways in which the College communicates with students, staff. and other members of the campus community about its processes for addressing sexual harassment and violence (for example, through its website, speci?c publications, specific other electronic means. etc.); a description of any training regarding Title as it applies to sexual harassment, including sexual assault and violence, the College provided or offered to (1) College personnel; and (2) College students during the 2013-2014. 2014-2015, and 2015-2016 school years. For each training, include the date of the training; the target audience coaches. residence hall staff, etc): copies of any related materials distributed at the trainings; and a description of the background/expertise of the individual who provided training; copies of any and all brochures, pamphlets, or other materials that are disseminated to by the College to students regarding sexual harassment. the rights of complainants and accused individuals. and/or other campus resources available to assist those facing sexual harassment/violence; Page 6 Dr. Sarah Bolton 16. a description of the College?s collaborative efforts with any advocacy groups on and off campus to prevent sexual harassment, misconduct, and violence and to notify students and employees of their rights under Title 17. a list of campus organizations and other resources for students that address students? concerns or issues related to sexual harassment (including, but not limited to, women?s or men?s organizations; lesbian, gay, bisexual, transgender, or alliance organizations; and rape crisis centers, sexual assault support networks, or other similar agencies); include contact information for each organization, and how information about these organizations is disseminated to students; 18. a description of how the College has assessed the campus climate regarding sexual harassment issues, conducted self-assessments, collected data, or monitored sexual harassment, misconduct, or violence on campus. if at all, for school years 2013-2014, 2014-2015, and 2015-2016. Please provide any summaries or interim or ?nal reports that describe the outcome of these efforts; and 19. any other information you believe relevant to the complaint allegations. Subsequent to the College?s response(s) to this data request but prior to the final stages of its investigation, OCR will accept supplemental materials from the College that the College believes will materially impact or alter investigation. Thank you for your cooperation in this matter. We also may need to interview individuals at the College with knowledge of the facts of this case. if we determine that an onsite visit is necessary, we will contact you to schedule a mutually convenient time for our visit. The College is also hereby notified that it should retain all electronically stored information and other records, in their originally created format, containing information related to the subject matter of this complaint, including emails, word processing documents, spreadsheets, databases, calendars, telephone logs, intemet files, network access information, and other media-based information (such as personal digital assistants and digital voice mail), even a?er it has provided OCR with paper copies and whether or not OCR has included the information in this initial data request. Please also retain all non-electronic documents and evidence in whatever form, including personal or desk ?les, calendars, notes, correspondence, drafts, policies, manuals, or other things relevant to the case. Upon receipt of this letter, please notify OCR of the name, address, and telephone number of the person who will serve as the College?s contact person during investigation of this complaint. Page 7 Dr. Sarah Bolton lf you have any questions. please contact Harrison or Daniel Scharf. the OCR attorneys who have been assigned to investigate this complaint. You can reach Harrison by telephone at (216) 522-4894 or by e-mail at You can reach Daniel Scharfby telephone at (216) 522-7627 or by c-mail at Danicl.Scharf@ed.20v. Sincerely. l-?C V'r Brenda Redmon'd/ Supervisory Attomey/Team Leader Enclosure