UNITED STATES DEPARTMENT OF EDUCATION argon-m x. OFFICE FOR CIVIL RIGHTS NORTH CARUHNA scum CAROLINA 4m MARYLAND AVENUE, SW VIRGINIA WASHINGTON, DC alerts?Hrs Mill'wumw? 11'" November 28, 2016 Via Facsimile to (434) 582-2625 Dr. Jerry L. Falwell, Jr. President Liberty University 197?] University Boulevard Virginia 24515 Re: OCR Complaint No. 1 1?16?2231 Noti?cation/Data Request Letter Dear Dr. Falwell: The Of?ce for Civil Rights (OCR) of the US. Department of Education (the Department) received a complaint on June 7, 2016 against Liberty University (the University). The Complainant alleges that the University discriminated on the basis of sex. Speci?cally, the complaint alleges that the University failed to and equitably respond to complaints. reports, and/or incidents of sexual harassment and sexual violence, including her report of sexual assault and, as a result, students. including the Complainant, were subject to a sexually hostile environment. OCR will contact the University to provide the name of the Complainant. OCR enforces Title IX ofthe Education Amendments of 1972 (Title IX) and its implementing regulation at 34 CPR. Part 106, which prohibit discrimination on the basis of sex, including sexual harassment, in any program or activity receiving Federal ?nancial assistance from the Department. Because the University receives Federal ?nancial assistance from the Department, OCR has jurisdiction over it pursuant to Title IX. Because OCR determined that it has jurisdiction and that the complaint was timely ?led. 0C is opening the complaint for investigation. Please note that opening the complaint for investigation in no way implies that OCR has made a determination on the merits of the complaint. During the investigation, OCR is a neutral fact-?nder, collecting and analyzing relevant evidence from the Complainant, the University, and other sources, as appropriate. OCR will ensure that its investigation is legally suf?cient and fully responds to the allegation in accordance with the provisions of the Case Processing Manual, available at Our goal is the prompt, appropriate resolution of the complaint. lnfonnation on complaint processing procedures is available at The Department of Elfin-lilitm?s ??ssion is to promote student nrltirnram'nl and preparation global roliljx'litirvmirss and ensuring equal Page 2 OCR Complaint No. 11-16~2231 Attached is a request for data necessary to investigate this complaint. OCR requests that the University submit this information within 30 calendar days of the date of this letter by December 28, 2016'). We prefer that you submit information electronically, if feasible. If any item in our request is unclear, or if you experience any dif? culty complying with this request, please contact us as provided below prior to the expiration of the 30-day period. Please be aware that OCR anticipates conducting an on-site investigation of the complaint. We will notify you in advance of our proposed plans to visit the University. Please be advised that the University must not harass, coerce, intimidate, discriminate, or otherwise retaliate against an individual because that individual asserts a right or privilege under a law enforced by OCR or ?les a complaint, testi?es, or participates in an OCR proceeding. If this happens, the individual may file a retaliation complaint with 00 R- Under the FreedOm of Information Act, it may be necessary to release this document and rotated correspondence and records upon request. if OCR receives such a request, we will seek to protect personally identi?able information that could reasonably be expected to constitute an unwarranted invasion of personal privacy if released, to the extent provided by law. We look forward to your coOperation during the resolution of this complaint. If you have any questions, please contact Love, the OCR attorney assigned to this complaint, at 20'2- 453-6948 or gov. Sincerely, David Hensel Supervisory Attorney District ofColurnbia Office Of?ce for Civil Rights Page 3 OCR Complaint No. 1 1-16-2231 Liberty University OCR Complaint No, 11-16-2231 Data Request Please provide the following data by December 28, 2016. The Department?s regulation implementing Title VI of the Civil Rights Act of 1964, at 34 CPR. which is incorporated by reference in the Title IX regulation at 34 106.71, gives OCR the authority to request this information] OC hereby noti?es the University that OCR will consider the University?s response to this data request to be its full and complete response pursuant to right of access to information under the regulations cited above, unless the University notifies OCR otherwise. If the University obtains any additional information or documents responsive to this data request or otherwise relevant to the allegation in this case, the University must inform OCR of its existence and supplement the data response within 15 days of its discovery. OCR reminds the University that a failure to provide requested information may be considered a denial of access in violation of the regulations cited above. Unless otherwise noted, please provide the following information for the 2013-2014, 20142015, and 20l 5-2016 academic years.2 In this data request, sexual harassment is de?ned to include sexual misconduct, sexual assault, and sexual violence. 1. The name, title, and daytime telephone number of: the individual who will serve as the point of contact for the University?s response to this complaint; the University?s Title IX Coordinator and the University employee to whom the Title LX Coordinator reports; and any other persons who are designated to investigate complaints of sexual harassment or other discrimination based on sex. 2. A copy of, or web link to, all University policies addressing sexual harassment against students. Please include: A. A copy of, or web link to, all University grievance and complaint procedures available to students who wish to file a complaint of sexual harassment. Please include an explanation of how the procedures are publicized and disseminated and a copy of any notices, codes, andt?or handbooks the University has published (in written or electronic form) regarding the procedures. Please provide the name, title, and telephone number of the person(s) responsible for implementing these procedures. B. A copy of, or web link to, all University policies and procedures that relate to the obligation of faculty, staff, and other employees to report possible incidents of sexual harassment of which they are aware. Please include an explanation ofhow the procedures are publicized and disseminated and a copy of any notices, codes, Please note that OCR has the right of access to records that are necessary for investigation, even if those records contain names or other personally identi?able information. See 20 U.S.C. 1232g(b)(l} and regarding the applicable provisions of the Family Educational Rights and Privacy Act; see also 34 CPR. it and 34 LII-1R. 2 Please indicate in writing ifany of the requested materials do not exist. If available. please provide the information in electronic format. Page 4 OCR Complaint No. 1 1-16-2231 andfor handbooks the University has published {in written or electronic form) regarding the procedures. Please provide the name. title. and telephone number of the pcrson(s) responsible for implementing these procedures. C. A copy of. or web link to. all University policies and procedures regarding the investigation of reports ofsexual harassment. Please include an explanation of how the procedures are publicized and disseminated and a copy of any notices. codes. andfor handbooks the University has published (in written or electronic fonn) regarding the procedures. Please provide the name. job title. and telephone number of the person(s) responsible for investigating and resolving reports of sexual harassment. 3. All complaints. grievances. or reports of related to sexual harassment (whether verbal. written. formal. or informal). including any relating to the Complainant (please clearly indicate all complaints. grievances. and reports made by the omplainant).3 Please provide the following: A. For each complaint. grievance. or report of andi?or related to sexual harassment {whether verbal. written. formal. or informal). please provide:4 i. the date of the incident; ii. the date of the complaint. grievance. or report; the name and contact information of the alleged victim; iv. the name and contact information of the alleged perpetrator; v. the name or personal identi?er of students; name. job titlefstudent status of other witnesses. including University employees; and contact information of all witnesses who were contacted for andr?or participated in the University?s investigation of the incident; vi. the name and contact information of the person who made the report (ifdifferent from the alleged victim}; vii. the names. titles. and roles of all individuals involved in the investigation and resolution of the incident (including any appeal); the names titles. and roles of all individuals involved in implementing remedies or sanctions related to the incident; ix. the location of the incident (please indie-ate if the location was on- or offucampus. and. if off-campus. whether the location was under the control of the University); x. whether law enforcement was contacted. and if so. whether a law enforcement investigation occurred; and 3 This includes complaints. reports. or grievances by students against students. by students against staff. and any complaints. reports. or grievances submitted to the University anonymously. "Related to" is de?ned here to mean any other complaint. report. or grievance made in connection to or as a result of an incident of sexual harassment. including sexual violence (cg. a complaint of retaliatory harassment resulting from a report made ol'sexual harassment). Although no particular format is required. OCR encourages the provision ofthis information in one or more Excel spreadsheets. A sample is available upon request. Page 5 OCR Complaint No. 1-16-2231 xi. the date (and, if applicable, incident numberr'identi?er) for all complaints, grievances, or reports ?led in relation to or in connection with each complaint of sexual harassment. B. A copy of all University records pertaining to each complaint, grievance. or report of andfor related to sexual harassment (whether verbal, written, formal, or infonnal}, including any relating to the Complainant (please clearly indicate all complaints, grievances, and reports made by the Complainant), including but not limited to: i. a copy of all actual complaints or records of reports made to any of the following: University employees, the University?s Of?ce of Residence Life. the University?s Dean of Students Of?ce, campus police, and any other person or entity acting on behalf of the University; ii. a copy of all written investigative and other documents created in response to these incidents; all documentation, records, ?les, email and other correspondence relating to the investigations, including correspondence between the witnesses and University personnel and among University personnel, records of witness interviews, all letters of resolution or other formal letters issued, and the written ?ndings for each investigation; iv. minutes, transcripts andfor recordings of all student conduct hearings associated with each incident; and v. all documents and correspondence related to any appeal of any ?nding. C. For each incident, to the extent not re?ected in the documentation provided above, please provide a complete description of the following information: i. the facts relating to the incident as alleged by the alleged victim or other reporter; ii. the facts relating to the incident as determined by the University; how the University learned of the incident: iv. whether the incident resulted in formal proceedings or an investigation (for each incident that did not result in formal proceedings or an investigation, please indicate why the report did not result in formal proceedings or an investigation); v. whether an informal process was used to resolve or attempt resolution of the incident, and all documentation related to any informal resolution process used; vi. for all verbal reports of sexual harassment that were reported to the University but not reduced to writing, please explain why no written record was created; and vii. a summary of all steps taken in response to the report, including. for each incident: Page 6 OCR Complaint No. 1146?2231 a. a description of the evidence reviewed; b. a list of all student conduct hearings associated with the incident, by unique identi?er, date, and outcome; c. a description of any interim relief provided during the investigation; d. a list of all University code of conduct infractions considered as part of the investigation, along with the ?nal determination for each possible infraction (Le. whether a violation was found or not) and the reasoning for each determination; a description of all discipline or other sanctions that was imposed and the reasons why disciplinary actions were or were not taken; F31 f. whet-her the University found that the complaint was part of a larger pattern of similar complaints; g. whether the University concluded the alleged victim, including the Complainant, andfor- other students were subj ectcd to a sexually hostile environment; h. a description of all services and other remedies the University provided or offered to individua1(s) subjected to sexual harassment; i. a description of all services and other remedies the University provided or offered to the campus or a subset of the campus population; j. all proactive steps the University took to prevent a recurrence of any incident that occurred; and it. all appeals ?led by either party, including the University?s response and the ?nal outcome of the appeal. 4. For all complaints submitted or brought to the University?s attention anonymously, indicate who (by name and title) collects the campusnwide anonymous complaints, who (by name and title) reviews the information collected and what, if any, response or action is taken, and by whom (by name and title), to address the matters raised in the anonymous complaints. Provide a copy of each anonymous report during the relevant period of time and all documents re?ecting the University?s response to each report. 5. All Clery Act (FBI Crime) statistics on acts of sexual harassment committed at the University. 6. A copy of, or web link to, all education and training materials provided to University employees on the University?s policies and procedures on sexual harassment, including their responsibility to report possible harassinent. Please include a list of training sessions given to University employees on sexual harassment, with the name{s) and quali?cations of the individua?s) who provided the training sessions, the specific topics Page 7' OCR Complaint No. 1146-223] 10. ll. 12. 13. of the training sessions, the dates the training sessions were held, a list o-findividuals who attended the training sessions, and the job titles of all. attendees. A copy of, or web link to, all education and training materials provided to University employees who investigate allegations of sexual harassment. Please include a list of. training sessions given to these employees, with the name(s) and quali?cations of the individual(s) who provided the training sessions, the speci?c topics of the training sessions, the dates the training sessions were held, a list of individuals who attended the training sessions, and the job titles of all attendees. A copy of, or web link to, all education and training materials provided to students, including, but not limited to, athletes, of student groups, and resident assistants, on the University?s policies and procedures on sexual harassment. Please include a list of training sessions available to students on sexual harassment, with the name(s) and quali?cations of the ind-ividual(s) who provided the training sessions, the specific topics of the training sessions, the dates the training sessions were held, and a list of students who attended the training sessions (by name! unique identi?er and student group titlefafiiliation, it?any). A description of all other measures taken by the University to address, curtail and prohibit sexual harassment, including all outreach and educational efforts. For each measure, please include the date or date range, the target audience, the actual audience (including sign-in sheets, if applicable), a description of the measure, any follow?up or outcomes, and all related documentation (cg. handouts, educational materials, etc). Information on all task forces or groups created by the University to address sexual harassment, and include the names and job titles of all individuals involved in the task force, the speci?c issues the task force was created to address, the date the task force was created, the efforts made to date by the task force, and any documents, including, but not limited to, policies, fmdings and recommendations the task force produced. A description and discussion of all measures, including interim measures, that may be taken by the University to address the health and safety of alleged victims of sexual harassment. If this information is available in any code ofcoaduct or similar document provided under any other item of this request, please respond by identifying the relevant docilment and the page nurnher(s) where the information can he found. A cepy of, or a web link to, the University?s policies and procedures on imposing sanctions upon andfor taking corrective action against students, employees, and third parties for committing acts of sexual harassment. If this information is available in any code of conduct or similar document provided tinder any other item of this request, please respond by identifying the relevant document and the page number-(s) where the information can be found. A copy of, or a web link to, the University?s procedures ibr refer-ring criminal matters involving sexual violence to law enforcement authorities. Please identify the University Page 8? OCR Complaint No. 11-16-2231 14. 15. 16. 17. 18. 19. '20. 21 employee(s} responsible: for coordinating responses to incidents of sexual violence with University police, local police, and the local prosecutor. Please state whether there is a University Police Department that plays a role in handling sexual harassment complaints; and describe the Police Department?s role in handing those complaints. Please also provide and describe any memoranda of understanding between campus and local law enforcement or related protocols, written or unwritten. An explanation of how requests for con?dentiality are handled, including all documents related to con?dentiality in the University?s Title IX process. A description of the University?s system for tracking and maintaining records on incidents of sexual harassment. Please include the name and job title of all individuals who maintain records on these incident-s who keep copies of complaints, investigative materials, and investigative ?ndings). A description of how the University has assessed the campus climate, conducted self? assessment, collected data, or monitored sexual harassment on campus. A copy of, or web link to, all student and employee climate surveys or other climate assessments the University has conducted regarding incidents of sexual harassment and! or whether a hostile environment on the basis of Sex exists on campus. Please provide the results of those surveys or assessments. A description, if applicable, of any University process by which students involved in sexual harassment investigations (as complainants or. accused students} are assigned advocates or are given access to advocates at any or all stages of the process. A list including the full name and contact information of: A- all student advocates available to students accused of sexual harassment, sexual violence, sexual misconduct anda?or related complaints retaliation, unwanted inquiries about dating, or other sexual or discriminatory harassment). B. all faculty?sta?? advocates available to students accused of sexual harassment, sexual violence, sexual misconduct andfor related complaints retaliation, unwanted inquiries about dating, or other sexual or discriminatory harassment). A copy of the University?s notice of nondiscrimination and a complete list of all publications in which it appears. . Any other information that the University deems relevant to the allegation, and which would lead to the resolution of this complaint. UNITED STATES DEPARTMENT OF EDUCATION aviator xi . .411,? OFFICE FOR CIVIL RIGHTS Nnani imam . supine-inurmn My?! 1?ll?i Jill! MARYLAND AVENUE, SW i'isHiN row, I) WASHINGTON, DC ante?Hrs l? i ?Foam sa- November 28, 2016 {blil'?l?l Re: OCR Complaint No. 11-16-223] Noti?cation Letter Dea (WE): (billiC) On June 7, 2016, the Of?ce for Civil Rights (OCR) ofthe U.S. Department of Education (the Department) received your complaint against Liberty University (the University). You allege that Liberty University discriminated on the basis ofsex. Speci?cally, the complaint alleges that the University failed to and equitably respond to complaints, reports, andr'or incidents of sexual harassment and sexual violence, including your report of sexual assault and, as a result, students, including you, were subject to a sexually hostile environment. If you disagree with the way OCR stated your allegations, please contact the OCR staff person identi?ed below within 10 days of the date of this letter. OCR enforces Title IX ot?the Education Amendments of 1972 {Title IX) and its implementing regulation at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in any program or activity receiving Federal ?nancial assistance from the Department. Because the University receives Federal ?nancial assistance from the Department, OCR has jurisdiction over it pursuant to Title IX. Because OCR determined that it has jurisdiction and that the complaint was timely ?led, OCR is opening the complaint for investigation. Please note that opening the complaint for investigation in no way implies that OCR has made a determination on the merits ofthc complaint. During the investigation, OCR is a neutral fact??nder, collecting and analyzing relevant evidence from you, the University, and other sources, as appropriate. OCR will ensure that its investigation is legally suf?cient and fully responds to the complaint in accordance with the provisions of the Case Processing Manual, available at Please be advised that the University must not harass, coerce, intimidate, discriminate, or otherwise retaliate against an individual because that individual asserts a right or privilege under a law enforced by OCR or ?les a complaint, testi?es, or participates in an OCR proceeding. If this happens, the individual may ?le a retaliation complaint with OCR. The is to prostate student nrhivra'mrm mid prewar/amoral" ginhm? tvirn'ntiannl and ensuring equal acres-s. tututu.t'il.gnn Page 2 OCR Complaint No. 1 1-16-2231 Under the Freedom of lnformation Act it may be necessary to release this document and related correspondence and records upon request. receives such a request, we will seek to protect personally identifiable information that could reasonably be expected to constitute an unwarranted invasion of personal privacy if released. to the extent provided by law. If you have any questions. please contact Love, the OCR attorney assigned to this complaint, at 202+453w6948 or Sincerely, "r David Henscl Supervisory Attorney District ofColumbia Of?ce Of?ce for Civil Rights