UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS, REGION XV 1350 EUCLID avenue. SUITE 325 ?ag-it?d" CLEVELAND. on 44115 unto 031(5); (1310(0) Re: OCR Docket #15-16-2164 an On (bimci the U.S. Department ot?Education?s Of?ce for Civil Rights (OCR) received the complaint you tiled against the College of Wooster (the College). The complaint alleges that the College discriminated against a student(the Student) has :d on sex by failing to and equitably respond to the Student's (b11151; (1315(0) complaint ot?sexual violence, and, as a result, the Student was so Jjected 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 C.F.R. Part 106, which prohibit discrimination on the basis ofsex 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 ?nancial 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 a prompt and equitable response to a sexual violence complaint, as required by the Title IX implementing regulation at 34 C.F.R. 106.8(b) and 106.31. The Department 's tnts'stmt is to pt'mnote student tircett?ence and ensuring ennui access. Page 2 {bl(7(Cl Id Whether any failure by the College to provide a prompt and equitable response allowed a student to continue to be subjected to a sexually hostile environment that denied or limited the student?s ability to participate in or benefit from the College?s program. in violation of the Title IX implementing regulation at 34 C.F.R. 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. OCR works to resolve allegations of discrimination and appropriately. We will communicate with you periodically during our investigation. When contacting our office about this case. please refer to OCR Docket Number 15-16-2164. Please note that any systemic issues with the College?s process under Title for addressing sexual harassment are being investigated in OCR Docket #l 5-16~2143. [f 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 Scharf by telephone at (216) 5224627 or by e-mail at gov. Sincerely, Brenda Redmond Supervisory Attorney/Team Leader UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS, REGION XV 135:] EUCLID avenue. SUITE 325 fgitj?g-?g" CLEVELAND, OH 44 l5 omo (bite): Dr. Sarah Bolton President College ot?Woostcr 189 Beall Avenue Wooster, Ohio 44691 Re: OCR Docket #15-16-2164 Dear Dr. Bolton: On the U.S. 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 a student {the Student based on sex by failing to and equitably respond to the complaint of sexual violence, and, as a result, the Student was subjecte to a sexually hostile environment. OCR is responsible for enforcing Title IX of'the Education Amendments of 1972, 20 U.S.C. 168l et seq, and its implementing regulation, at 34 C.F.R. 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 ?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 a prompt and equitable response to a sexual violence complaint, as required by the Title IX implementing regulation at 34 C.F.R. 106.8(b) and 106.3l. The Department it mission is to promote student achievement aml competltit-enemas educational excellence eqrml access. Page 2 Dr. Sarah Bolton Is.) Whether any failure by the College to provide a prompt and equitable response allowed a student to continue to be subjected to a sexually hostile environment that denied or limited the student?s ability to participate in or benefit from the College?s program. in violation of the Title IX implementing regulation at 34 C.F.R. 106.8(b) 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 tact-tinder. 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: I- complaint evaluation and resolution procedures. including the availability of Early Complaint Resolution (EC - regulatory prohibitions against retaliation. intimidation. and harassment of persons who tile 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 financial 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 C.F.R. 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 C.F.R. OCR may review personally identifiable records without regard to considerations of privacy or con?dentiality. Accordingly. we are requesting that you forward the following information to us within 15 calendar days of the date stamped at the top of this letter: 1. a copy of all documentation concerning any formal or informal complaints or reports of sexual harassment made by or on behalf of the Student to the College (including. but not limited to those received by College personnel. campus security. College housing residential advisers. health services. Title IX coordinator. or thoSe received elsewhere and then Page 3 Dr. Sarah Bolton referred to the College) during the ?53,)fo (bx? school year. The documentation should re?ect all steps of the complaint process through the ?nal 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; in. a copy of all investigative ?les, interview memoranda, witness statements, and related documents concerning any College investigation of the complaint or report; c. a copy of any documents showing the steps of the investigation and the results ofthe College?s investigation, including any correspondence, e-mails, and other documents, as well as how the College noti?ed 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 identified in response to request 1(a) above was being investigated {interim measures) by the College or other law enforcement entities or after the investigation concluded; 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 the complaint or report identi?ed in response to request 1(a) above; and f. information regarding whether the College found that the Student was sexually harassedfassaulted; (2) whether the College found that the complaint was part of a larger pattern ofsimilar complaints; (3) whether the College made any conclusion about whether the Student was subject to a sexually hostile environment; and (4) whether any of the College?s findings, actions, or conclusions were reversed, overturned, or af?rmed through a subsequent appeal process; if not included in responses above. copies of all communications, including letters, e-mails, notes, memoranda, reports. notices, or other communications sent or received College faculty, staff, administration, and/or trustees during theschool year that discuss, relate, or refer to the Student?s comptaint or report identified under request #1 above: age 4 - Dr. Sarah Bolton 3. copies or any notes, agendas. summaries. or t' llow-up communication elated to any neetings during the 331(5)? (ml? school year between College staff and the Student regarding any allegations of. or remedies for. sexual aarassment; and any other information you believe relevant to the complaint allegation. Note that some of the above-requested information overlaps with information that the College is required to provide pursuant to another open OCR investigation (OCR Docket a1 5?16-2 143). lnsot?ar as the importation is duplicative, OCR requests that the College provide all documents relating to the Student in both ot?its responses. thank you for your cooperation in this matte . We also may need to interview individuals at the College with knowledge of the facts ot? this case. lt?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 noti?ed that it should retain all electronically stored information and other records. in their originally created format. containing information related to the subject rnatter ot?this complaint. including e-mails. word processing documents. spreadsheets. databases. calendars. telephone logs. intemet tiles. network access information. and other media-based information such as personal digital assistants and digital voice mail). even after it has prot-tided 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 tiles. calendars. notes. correspondence. drafts. policies. manuals. or other things relevant to the case. pon receipt of this letter. please notify OCR of the name. address. and telephone number or' the person who will serve as the College's contact person during OCR's investigation ol?this complaint. if you nave any quesrions. please contacr i-iarrison or Daniel Sehart?. the OCR attorneys who have been assigned to investigate this complaint. You can reach Harrison by telephone at t2 6) 522?4894 or by e-mail at You can reach Daniel Schart? by telephone at till 61 522-762? or by e-mail at Daniel .Scharti?-ed. gov. Sincerely. . I - . iirenda Redmond pert-*isorv Attorneyr Team Leader