4 UNITED STATES DEPARTMENT OF EDUCATION REGION V2.9 l? - OFFICE FOR CIVIL RIGHTS LOUISIANA 1999 BRYAN ST., SUITE 1621) Isslaswm DALLAS, TX 7520143810 TEXAS September 6, 2016 Mr. Neal J. Smatresk, President The Of?ce of the President University of North Texas 155 Union Circle #311425 Denton, TX 76203-5017 RE: OCR Ref. No. 06162218 University of North Texas Dear President Smatresk: The US. Department of Education (Department), Of?ce for Civil Rights (OCR), Dallas of?ce, has completed its evaluation of a complaint against the University of North Texas (UNT), in Denton, Texas, which was received in our of?ce on May 23, 2016. In the complaint, the complainant alleged that the UNT discriminated against him (hereinafter, the Student) on the basis of sex. Speci?cally, the complainant alleged that the UNT: 1. Failed to appropriately respond to his report of sexual assault (DXG). (tame) [and; Failed to protect him from retaliation and retaliated against him itself after he engaged in a protected activity by making a report of sexual harassment. OCR is responsible for determining whether organizations that receive or bene?t from Federal financial assistance from the Department are in compliance with the applicable portion of Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and its implementing regulation at 34 CPR. Part 106. Specifically as it relates to this complaint, the regulation implementing Title IX at 34 CPR. 106.71 incorporates, by reference, the anti-retaliation provision of Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d, and its implementing regulation at 34 CPR. which prohibits retaliation based on a person?s exercise of a protected right or because they participated in an investigation into discrimination. The UNT is a recipient of Federal ?nancial assistance from the Department. Therefore, OCR has jurisdiction to process this complaint for resolution under Title IX. Because OCR has determined that it has jurisdiction and that the complaint was ?led timely, it is opening the allegations. Please note that opening an investigation pertaining 77w [)vpartnu-nt ul Edm arm/ifs (It/swan is In pmmulostudent mlum'rvnuul am! pm amlum by Ii warring ?luc "aim/ml mu 'm and ensuring (qua at! 1.255. ww ?1.310 Page 2 President Neal J. Smatresk to these allegations in no way imply that OCR has made a determination with regard to their merit. 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 suf?cient and is dispositive of the allegations, in accordance with the provisions of Article of Case Processing Manual. OCR will investigate the following legal issues: 1) Whether the UNT provided prompt and equitable responses to complaints, reports, and/or other incidents of sexual harassment or sexual violence, of which it had notice (knew about or should have known about) (including the Student?s complaint), as required by the Title IX regulation at 34 CPR. ??106.8, 106.31; 2) Whether any failure by UNT to provide a prompt and equitable response allowed the Student or other students to (continue to) be subjected to a sexually hostile environment that denied or limited students? ability to participate in or bene?t from programs, in violation of the Title IX regulation at 34 CPR. 106.8, 106.31; and 3) Whether the UNT allowed l?blm" (in student to ret lia retaliated agaimt the Student itqelf?hv (WW) I . without a legitimate, ?matory reason, because the complainant had advocated for his rights and protection from a sexual assault, in violation of the Title IX regulation at 34 CPR. ??106.7l, Section 100.6(c) of Title 34 of the Code of Federal Regulations stipulates that each recipient of Federal ?nancial assistance shall permit access to pertinent sources of infonnation to responsible Department officials or designees. Enclosed is an initial data request, which is required in assisting our efforts to ascertain compliance with the regulations enforced by OCR. Please provide the requested information to OCR within ?fteen (15) calendar days of the date of this letter. This request may be supplemented through interviews with UNT personnel or any witnesses who may have knowledge of the issue, and if necessary, additional data requests from UNT as the complaint investigation progresses. After reviewing this information or any additional information, OCR will determine whether an on-site investigation is warranted. If so, you will be contacted to arrange a mutually convenient date. Please be advised that the UNT 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 file another complaint allegation such treatment. Under the Freedom of lnforrnation 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 reasonably be expected to constitute an unwarranted invasion of personal privacy. Page 3 President Neal 1. Smatresk Please notify OCR of the name, address, and telephone number of the person who will serve as the University?s contact person during the resolution of this complaint. We would like to talk with this person as soon as possible regarding the information requested in this letter. In addition, OCR may need to request additional information and interview pertinent personnel. If an on-site visit is determined to be necessary, you will be contacted to schedule a mutually convenient time for the visit. I am the investigator who has been assigned to assist you in the resolution of this complaint, and I will be contacting you in the near future to discuss this case. Meanwhile, if you have any questions regarding this letter, or are interested in resolving the complaint prior to conclusion of the investigation through either the ECR process or by entering into a luntam resolution ent, please contact me by telephone at (214) 661-9649 or at or you may contact my supervisor, Ms. Melissa Malonson, at 1214) 661-9637 or at Enclosures (W6) Sincerely, Patricia 1. Sinanan Senior Equal Opportunity Specialist Of?ce for Civil Rights Dallas Of?ce Page 4 President Neal J. Smatresk INITIAL DATA Rnoussr University ofNorth Texas (UNT) OCR Docket 06162218 Response Due: October 7, 2016 lo facilitate the resolution of the above-referenced complaint. it is requested that the (W6). wing information and/or documentation for the (We) (to date) academic years within f1 teen (15) ca endar davs of the date of he attached letter. The Student is identi?ed as (W6). (W6), Please note that in this request, the term ?correspondence? includes. but is not limited to, e-mail messages, meeting notes, interviews, notes of telephone conversations, and all related memoranda. In each instance where a policy is requested but a written policy on the matter at issue does not exist, provide instead an explanation of the usual practice. *Although not required, it would be helpful if the data response is numbered in the lower right-hand corner 001, 002) to ensure staff from OCR and the UNT are looking at the same page during any future discussions about this data response. 1. The name and telephone number of the person who has been designated by UNT to assist OCR with the resolution of this complaint. 30 A copy of the following UNI mlicieg procedures, and documents that have been in effect at any time from the (C) to the present. To the extent these documents are available on website. an appropriate link is suf?cient. a. Title IX policies and procedures regarding discrimination based on sex and, if different, policies regarding sexual harassment and sexual violence. Grievance procedures for complaints and other avenues for reporting alleged sex discrimination and, if different, sexual harassment and sexual violence. If the UNT has different procedures depending on whether complaints are against students, faculty or staff, please provide all procedures. The Student, Staff and Faculty Codes of Conduct and any other document(s) that contain the policies and procedures regarding student, staff and faculty behavior and discipline, including procedures for determining whether the UNT will impose sanctions for sexual harassment and sexual violence. Student, staff and faculty handbooks. The nondiscrimination statement. Page 5 President Neal J. Smatresk If not already provided in the data items above, please indicate how students, staff, and faculty are noti?ed regarding the above policies and procedures. 3. For each grievance procedure or complaint process procedure offered to students and used by the UNT to address sexual harassment and sexual violence or other sex discrimination complaints, if not indicated in the policy or procedure, identify the name and title of each individual, including UNT police, administrators, staff and students responsible for accepting, investigating, deciding or otherwise resolving complaints. Identify any other offices or departments with any responsibility for responding to reports of sexual harassment and violence, and any other offices or departments to which students typically report such conduct. 4. A copy ofany: a. Internal or external assessments of the adequacy or effectiveness of the policies and procedures concerning sexual harassment and sexual violence; and . . 6; b. Internal or external recommendations made to the UNT smce the 272%,) If?; lregarding changes to its policy and procedures for responding to or investigating complaints of sexual harassment and sexual violence. Please provide a narrative response as to whether the UNT made any changes to its policies and procedures in response to these assessments and/or recommendations. 5. If the UNT has conducted any climate surveys or self-assessments, or otherwise collected data on or monitored sexual violence, provide a copy of the tool used, the results, any analysis of the results, and a description of any action the UNT took in response. 6. Describe any proactive efforts by the UNT to prevent sexual assault or sexual harassment, as well as any resources the UNT provides to students, staff and faculty, including complainants and accused students or persons. Explain how the UNT communicates with staff about its outreach efforts to educate students and staff about sexual assault or sexual harassment, such as through publications or websites. 7. Identify the names, of?ce addresses and of?ce e?mail addresses of the individuals designat bv the to ensure its compliance with Title IX (Title IX Coordinator) from the to the present. In responding to this request, please include the dates each person held this position (the month and year are suf?cient). 8. Describe how complaints of alleged sexual harassment and violence are communicated to the Title IX of?ce. In your response, please state which classifications of staff/employees the UNT consider mandatory reporters and how mandatory reporters document and relay complaints of sexual harassment/violence to the Title IX of?ce. Page 6 President Neal J. Smatresk 9. 10. ll. 14. 15. A copy of any Memorandum of Understanding (MOU) or other written agreement between the UNT, the police department and/or the city of Benton police department related to protocols that are followed regarding the handling of sexual violence complaints. Unless stated in the MOU or other written agreement, explain how the UNT handles criminal complaints and the effect of criminal complaints on the Title IX investigative process. Identify by name and title any UNT designated contact points for criminal investigations of campus sexual violence. Describe the process for communications with the local prosecutor about the status of criminal investigations and decisions to proceed with or decline prosecution. Explain how the policies regarding sexual harassment and sexual violence are (or have been) distributed and publicized to UNT students, faculty and staff and any other means the UNT uses (or has used) to notify students. faculty and staff about how to file a complaint of sexual harassment and sexual violence or other discrimination based on sex. Please include documentation or web links that support this response, including, but not limited to, brochures, distributed flyers, newspaper or web articles, and orientation materials. . Provide a detailed description of training provided to UNT faculty and staff since the covering the topics of sexual harassment and sexual violence or other discrimination based on sex. Include the date(s) provided and the names, titles, and qualifications of the person(s) who provided the training(s): and lists of attendees and their positions. Provide copies of any material provided during the training. including PowerPoint slides. .Provide a detailed description of trainin and information sessions for students (including freshmen orientation) since the (WW3) overing the topics of sexual harassment and sexual violence or other discrimination based on sex. Include the date(s) the training was provided and the names. titles, and quali?cations of the person(s) who provided the training(s). Provide copies of any material provided during the trainingProvrde a detailed description of training provrded Since the (X to individuals responsible for investigating complaints of sexual harassment and sexual violence and to members of any committees or boards that hear or decide complaints of sexual harassment and sexual violence, including bodies that decide sanctions. Include the date(s) provided and the names, titles, and qualifications of the person(s) who provided the training(s); and lists of attendees and their positions. Provide copies of any material disseminated during the training including PowerPoint slides. Provide a list of all student complaints or reports of sexual harassment and sexual violence or retaliation or intimidation in relation to a complaint or report of sexual harassment or sexual violence, that have been brought to the attention (formally or informally) for the time period indicated Page 7 President Neal J. Smatresk (to date) academic years). Include copies of anonymous complaints/reports. For each complaint identi?ed, please provide the information below with the dates for each step of the process: a. The name. or unique identi?er, and sex of the student who made the report or complaint. The name or unique identi?er, sex and position student, faculty, staff) of the individual against whom the complaint was ?led. The date each complaint or report was made, the date the investigation (if any) was started, the date the investigation was completed, the date any hearing was convened, the date the ?nal decision was issued, and a description and date of any other step in the process. The type of report or complaint ?led formal or informal). The allegation(s) made in the report or complaint including whether it alleged sexual harassment, sexual assault or sexual violence, and whether the incident(s) described in the complaint occurred on or off campus. If off campus, indicate the location, whether the location was hosted or sponsored by the UNT. The title of the UNT of?ce or the name of the UNT staff member where the report or complaint was ?led campus police, student services, academic dean, counselor, etc.). Indicate whether the complaint was investigated. If yes, provide the name and title of the UNT official or staff member who investigated the complaint. If no, indicate why not. Copies of all correspondence between the UNT and the Student and respondent, informing them of the status of an informal or formal process, the results of any investigation, the outcome of any disciplinary proceeding, and. if an appeal has been ?led, the noti?cation to either party of the opportunity to provide input on an appeal. Indicate whether a hearing was conducted in connection with the complaint. If a hearing was conducted, indicate which process was used and the names and titles of all persons who participated in the hearing and decision making; provide a copy of the hearing decision, report or other documents describing the hearing decision, including all documents describing the remedies and sanctions that resulted from the decision. Indicate whether an appeal was ?led and by whom. If yes. provide a copy of the appeal procedure used to respond to the appeal, identify the staff Page 8 President Neal Smatresk 16. 17. 18. l9. 20. 21. 22. person responsible for deciding the appeal, and provide a copy of the appeal decision or outcome. k. Indicate the ?nal outcome of the complaint complaint dismissed due to inability to corroborate allegations, accused found guilty of violating Code of Conduct and suspended for one school year. etc.) Please provide a list of students who have been subject to I. For each student, please provide the following: a. Student?s name or uni ue identi?er; b. date of th?b)? - 0. reason th?vW as put in place; and d. whether the sudent made a complaint of discrimination or harassment prior to the (C) being put in place. Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) data for the most recent three academic years for which Clery Act data is available. Copies of the following documents regarding the Student?s report of alleged sexual assault on about Imade to any UNT staff (including counselors, UNT police department staff, Title IX Coordinators, etc.): a. Any complaints of sexual assault; b. Any investigative notes, summaries, witness statements, ?ndings, etc.; c. Any hearing panel/appeals panel documents. Explain how the UNT handles requests for con?dentiality regarding complaints of sexual assault or harassment. A summar investi ate the Student?s claim sexual assault in the the results of the UNT investigation, any interim steps taken during the investigation, and the conclusion reached its investigation. If not already provided in response to any data request above, please provide a copy of the notice that it will not discriminate against individuals on the basis of sex. Please provide the names and contact information of the Student?s (WHO I. Include the date(s) provided and the names, and titles of the person(s)l(b)(6); (WW3) Page 9 President Neal J. Smalresk If not already provided. please provide copies of any materials provided during these sessions/services. IQ b) . Please provide a narrative response to the allegation at issue issue in this complaint. Include any supporting documentation that the wants to provide to substantiate its position, or, which it believes would be helpful to OCR in resolving this complaint. 24. Any other information the UNT believes would be helpful in resolving this matter. UNITED STATES OF EDUCATION nictnn I OFFICE FOR CIVILRIGHTS Antares>> LUDHIANA WW BRVAN s'r, suns irerI DALLAS, TX rm: September a. 20 6 M67 thlt7tC) RE: OCR Ref. 14006162218 University of North Texas The U.S. Department of Education (Department), Office for Civil Rights (OCR). Dallas office. has completed its evaluation of your complaint against the University or North Texas army in Dentnn. Texas. which was received in our amee on May 23. 2016, In your complaint, you alleged that the UNT discriminated against you (hereinafter. the Student) on the basis ofsex. Specifically, you alleged that the UNT: int-t to) '1 ("it an.- 2. Failed to protect you from rclaliation and retaliated against you itselfafier you engaged in a protected activity by making a report ofsexual harassment, OCR is responsible for determining whether organizations that receive or benefit from Federal financial assistance from the Department are in compliance with the applicable portion ofTitle IX Education Amendments of 1972 (Title IX), 20 U. I681 er and its implementing regulation at 34 Part l06. which prohibits retaliation based on a person's exercise of a protected right. Specifically as it relates to this complaint, the regulation implementing Title IX incorporates. by reference. the anti- rclaliation provision ofTitlc VI ofthc Civil Rights Act of 1964 (Title VI), 42 2000i and its implementing regulation at 34 C.F.R. Pan lilo, which prohibits retaliation based 0n a person's exercise of a protected right or because they panicipztted in an investigation into discrimination. Because OCR has determined that it has jurisdiction and that the complaint was filed timely. it is opening the allegation Please note that opening an investigation pertaining to this allegation in no way implies that OCR has made a determination with regard to its merit, During the investigation. OCR is a neutral fact-finder, collecting and analyzing relevant evidence rroin the complainant, the recipient, and other sources, as apprupriatu. OCR will ensure that its investigation is legally sumcient and is dispositive or the allegations in accordance with the provisions of Article of OCR's Case I'mcexxr'ng MunuaL Titl'Dt'ruIluwll 5.1m "rm-av. it limit-innit .qu pm tinilrar .n tututml Page 2 - OCR will investigate the following legal issues to determine whether: 1) Whether the UNT provided prompt and equitable responses to complaints, reports, and/or other incidents of sexual harassment or sexual violence, of which it had notice (knew about or should have known about) (including the Student?s complaint), as required by the Title IX regulation at 34 C.F.R. ??106.8, 106.31; 2) Whether any failure by UNT to provide a prompt and equitable response allowed the Student or other students to (continue to) be subjected to a sexually hostile environment that denied or limited students? ability to participate in or bene?t from programs, in violation of the Title IX regulation at 34 C.F.R. 106.8, 106.31; and 3) Whether the UN allowed ?51 Meat 19 i and liated against the Student itself (bl(7(C) E) without a legitimate, nondiscriminatory reason, because the complainant had advocated for his rights and protection from a sexual assault, in violation of the Title IX regulation at 34 C.F.R. ??106.71, Please be advised that the UNT may not harass, coerce, intimidate, or discriminate against any individual because he or she has ?led 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, if released, could reasonably be expected to constitute an unwarranted invasion of personal privacy. 1 am the investigator who has been assigned to assist you in the resolution of this complaint, and 1 will be contacting you in the near future to discuss this case. Meanwhile, if you have any quest ions regarding this lett r, please contact me by telephone at (214) 661-9649 or at MS) or you may contact my supervisor, Ms. Melissa Malonson, at (214) 661-9637 or at Sincerely, atricia I. Sinanan Senior Equal Opportunity Specialist Of?ce for Civil Rights Dallas Office