UNITED STATES DEPARTMENT OF EDUCATION REGION OFFICE FOR (:1er RIGHTS INDIANA .. .. - CHICAGO, H. 6066 i-4544 NORTH DAKOTA WISCONSIN September 1, 2016 Non Responsive OCR Case No. 05-16-2304 Non Responsive Dear On June 28, 2016, the US. Department of Education?s Of?ce for Civil Rights (OCR) received y0ur complaint against Indiana University. You allege that the University discriminated against you on the basis of sex and retaliated against you when your- Respm?sm because you reported being sexually assaulted. You further allege that the University failed to provide you a prompt and eguitable grievance you ?led a sex discrimination complaint against the with the University?s Title IX Coordinator. OCR has evaluated the complaint consistent with the Case Processing Manual (CPM) We have determined that we have authority to investigate your complaint. Non OCR is reSponsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681?1688, and Title lX?s implementing regulation, 34 CPR. Part 106. Title IX prohibits discrimination on the basis of sex in any education program or activity operated by a recipient of Federal ?nancial assistance from the Department of Education. As a recipient of Federal ?nancial assistance, the University is Subject to the requirements of Title TX and its implementing regulation. Additionai infomiation about the laws that OCR enforces is available online at uwwedgov/ocr. Because OCR has determined that it has jurisdiction over this allegation and that the allegation is timely, OCR is opening an investigation. Please note that opening an investigation in no way implies that OCR has made a determination with regard to the complaint?s merits. During the investigation, OCR is a neutral fact-finder, collecting and analyzing relevant evidence from the compiainant, the recipient, and other sources, as apprOpriate. OCR will ensure that its investigation is iegally suf?cient and is dispositive of the allegations, in accordance with the provisions of Article 111 of the Case Processing Manual. When appropriate, a complaint may be resolved before the conclusiOn of an investigation after the recipient asks OCR to resolve the complaint. In such cases, a resolution agreement signed by the recipient and submitted to OCR must be aligned with the complaint allegations The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. gov Page 2 or the information obtained during the investigation and it must be consistent with applicable regulations. Information about this process is in the enclosure to this letter. We will communicate with you periodically regarding the status of your complaint. If you have questions about this letter, you may contact Michael O'Donnell at 312-730-1636 or Sincerely, with My Aleeza Strubel Supervisory Attorney UNITED STATES DEPARTMENT OF EDUCATION REGION OFFICE FOR own. ILLINOIS INDIANA 500 WEST MADISON ST, SUITE [475 SKSESOT A WISCONSIN September I, 2016 Michael A. McRobbie, President Indiana University 107 S. Indiana Ave. Bloomington, IN 47405 OCR Case No. 05-16-2304 Dear Dr. McRobbie: On June 28, 2016, the US. Department of Education?s Of?ce for Civil Rights (OCR) received a complaint against Indiana University. The Complainant alleges that the University discriminated against her on the basis of sex and retaliated against her when her- PLon Resvonsivc Ibecause she reported being sexually assaulted. The Complainant further alleges that the University failed to provide her a prom and uitable grievance process after she filed a sex discrimination complaint againsthon ?Sims? I [lion Responsive lwith the University?s Title IX Coordinator. OCR has evaluated the complaint consistent with the Case Processing Manual (CPM). We have determined that we have authority to investigate this complaint. OCR is responsible for enfoming Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681?1688, and Title implementing regulation, 34 CPR. Part 106. Title IX prohibits discrimination on the basis of sex in any education program or activity operated by a recipient of Federal ?nancial assistance from the Department of Education. As a recipient of Federal ?nancial assistance, the University is subject to the requirements of Title IX and its implementing regulation. Additional information about the laws that OCR enforces is available online at Because OCR has determined that it has jurisdiction over this complaint and that the complaint is timely, OCR is Opening an investigation. Please note that opening an investigation in no way implies that OCR has made a determination with regard to the complaint?s 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 its investigation is legally suf?cient and is diSpositive of the allegations, in accordance with the provisions of Article of the Case Processing Manual. When appropriate, a complaint may be resolved before the conclusion of an investigation after the recipient asks OCR to resolve the complaint. In such cases, a resolution agreement The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by foslcring educational excellence and ensuring equal access. gov Page 2 signed by the recipient and submitted to OCR must be aligned with the complaint allegations or the information obtained during the investigation and it must be consistent with applicable regulations. Information about this is in the enclosure to this letter. Please read the enclosed document, which includes information about: - complaint processing procedures, including the availability of 0 Regulatory prohibitions against retaliation and intimidation of persons who file 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. The regulation implementing Title VI of the Civil Rights Act of 1964, at 34 CPR. 100.6(b) and requires that a recipient of Federal ?nancial assistance make available to OCR information that may be pertinent to a compliance determination. This requirement is incorporated by reference in the Title IX regulation at 34 C.F.R. 106.71. Pursuant to 34 CPR. 100.6(c) and 34 CPR. of the regulation implementing the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 12323;, OCR may review personally identi?able records without regard to considerations of privacy or confidentiality. Please provide the following information within ?fteen (15) calendar days of the date of this letter. Wherever possible, please provide the information electronically. Responsive If you have questions about this letter, you may contact Michael O?DOnnell at 312-730-1636 or michaelodonnell@cd.aov. Sincerely, Aleeza Strubel Supervisory Attorney cc: Kiply Drew