UNITED STATES DEPARTMENT OF EDUCATION ?ag OFFICE FOR CIVIL RIGHTS INDMNA IOWA 500 WEST MADISON ST.. SUITE L175 MINNESOTA CHICAGO, lL 60661-4544 December 23, 2016 Ms. Laura Dunn Suerustice, Inc. 1629 Street NW, Suite 300 Washington, DC 20006 Re: OCR #05-17?2055 Dear Ms. Dunn: This is to notify you that the US. Department of Education (Department), Office for Civil Rights (OCR), has carefully evaluated the above-referenced complaint you tiled on November 28, 2016, against the University of Notre Dame (University) alleging discrimination on the basis of sex on behalf of your client. We conducted the evaluation in accordance with Case Processing Manual to determine whether to open the complaint or investigation. We have determined that we have the authority to investigate this complaint. Speci?cally, the complaint alleges that beginning in the 2015-2016 academic year, the University subjected a female undergraduate student (Student A) to discrimination based on sex. The complaint raises whether the University fails to and equitably respond to complaints, Wake, including Student A?s report of thereby creating for students a sexually hostile environment. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX). as amended. 20 U.S.C. 1681?1638. and its implementing regulation at 34 CPR. Part 106. which prohibit discrimination on the basis of sex in any program or activity that receives Federal financial assistance from the Department. As a recipient of Federal ?nancial assistance from the Department, the University is subject to this law. Additional information about the laws OCR enforces is available on our website at Because OCR has determined that it has jurisdiction and that the complaint was ?led timely, it is opening the allegation for investigation. Please note that opening the allegation {or investigation 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 from the complainant, the recipient, and other sources, as appropriate. OCR will ensure that its investigation is legally sufficient and is dispositive ol?the allegation, in accordance with the provisions of Article ill of the Case Processing Marmot The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. ed. gov Page 2 Ms. Dunn When appropriate, a complaint may be resolved before the conclusion of an investigation when the recipient expresses an interest to resolve the complaint. In such cases, a resolution must be aligned with the complaint allegation 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. OCR is c0rnmitted to prompt and effective service. will communicate with you periodically regarding the status of your complaint. If you have any questions, please contact Salina Gamboa, Equal Opportunity Specialist, at 312-730-162? or gov. Sincerely, I fill/{I/? effrey Turnbull Team Leader Enclosure UNITED STATES DEPARTMENT OF EDUCATION $33.7; OFFICE FOR CIVIL RIGHTS INDIANA IOWA Sill} WEST MADISON ST., SUITE HTS MINNESOTA CHICAGO, lL 6066i-4544 NORTH DAKOTA WISCONSIN December 23, 2016 The Reverend John I. Jenkins, C.S.C. President University of Notre Dame 400 Main Building Notre Dame, Indiana 465 56 Re: OCR Docket #05-17?2055 Dear Reverend Jenkins: This is to notify you that the US. Department of Education (Department), Of?ce for Civil Rights (OCR), received and evalauted the above-referenced complaint of discrimination ?led on November 28, 2016, against the University of Notre Dame (University) alleging discrimination on the basis of sex. We conducted the evaluation in accordance with Case Processing rteamrai to determine whether to open the complaint for investigation. We have determined that we have the authority to investigate this complaint. Speci?cally, the complaint alleges that beginning in the 2015-2016 academic year, the University subjected a female undergraduate student (Student to discrimination based on sex. The complaint raises whether the University fails to and equitably respond to complaints, reports and/or incidents of sexual violence of which it had notice. including Student A?s report of INon Responsive heI-Eb}; creating tor students a sexually hostile environment. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681-1688, and its implementing regulation at 34 CFR. Part 106. Title IX prohibits discrimination based upon sex in any educational program or activity operated by a recipient of Federal ?nancial assistance. As a recipient of Federal financial assistance from the Department, the University is subject to this law. Additional about the laws OCR enforces is available on our website at Because OCR has determined that it has jurisdiction and that the complaint was filed timely, it is opening the allegation for investigation. Please note that opening the allegation for investigation in no way implies that OCR has ntade a determination with regard to its merit. 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 of the allegation, in accordance with the provisions of Article of the Case Processing Manual. The Department ul'Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. gov Page 2 - Reverend John I. Jenkins, C.S.C. When appropriate, a complaint may be resolved before the conclusion of an investigation after the recipient expresses an interest to 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 allegation 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 entitled Complaint Processing Procedures,? which includes information about: - complaint processing procedures; 0 Regulatory prohibitions against retaliation and intimidation of persons who file complaints with OCR or participate in an OCR investigation; and a Application of the Freedom of Information Act and the Privacy Act to OCR investigations. OCR intends to conduct a prompt investigation of this complaint. The regulation implementing Title VI ofthe Civil Rights Act of 1964 at 34 C.F.R. 100.6(b) and requires that a recipient of federal financial assistance make available to OCR information that may be pertinent to a compliance determination. This requirement is incorporated by reference in the regulation implementing Title IX at 34 C.F.R. 106.71. Pursuant to 34 CPR. 100.6(c} and 34 C.F.R. 99.3I(a) (3) of the regulation implementing the Family Educational Rights and Privacy Act (FERPA). 2O U.S.C. 1232g, OCR may review personally identifiable records without regard to considerations of privacy or confidentiality. Accordingly. OCR is requesting that you provide the following information to us within twenty (20) calendar days from the date ofthis letter. Wherever possible, please provide the requested information in electronic format. If responsive data are available through the Internet. please provide the link to the data. Please note that OCR will use the information about University policies. procedures. and practices provided in its response to OCR complaint #05-16-2264 as part of its investigation ofthis case. (NORA) Page 3 - Reverend John I. Jenkins, C.S.C. (33%"th Thank you for your cooperation in this matter. In addition to the information requested above, OCR may need to request additional information and interview pertinent personnel. If an on?site visit is necessary, we will work to schedule a mutually convenient time for the visit. Please notify OCR of the name, address, and telephone number of the person who will serve as the University?s contact person during the processing of this complaint. We would like to talk with this person as soon as possible to discuss the processing of this complaint and at that time, we will provide the identity of]Non Resigns? OCR is committed to prompt and effective service. If you have any questions, please contact Ms. Saline Galnboa, Equal Opportunity Specialist at 312-730-1627 or by email at salina. gam-boa@ed. gov. i erel?yq. 114/ 'frey Turnbull Team Leader Enclosure