UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS mm 1350 EUCLID AVENUE, SUITE 325 OHIO CLEVELAND, OH 44115 FEB 17 2017 Santa J. Ono, President University of Cincinnati 2600 Clifton Avenue PO. Box 210063 Cincinnati, Ohio 45221-0063 Re: OCR Docket No. 15-16-2173 Dear Dr. Ono: On June 15, 2016, the U.S. Department of Education (Department), Of?ce for Civil Rights (OCR) received a complaint against the University of Cincinnati (the University). The complaint alleges that the University discriminated against a student (the Student) on the basis of sex. Speci?cally, the complaint alleges that the University failed to appropriately respond to the Student's November or Decembe- complaint of sexual assault. OCR enforces Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 at set}, and its implementing regulation at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in any education program or activity operated by a recipient of Federal ?nancial assistance from the Department. As a recipient of Federal financial assistance from the Department, the University is subject to this law. Because OCR determined that it has jurisdiction and that the complaint was filed timely, it is opening the complaint for investigation. Based on the complaint allegation, OCR will investigate the following issues: I Whether the University, on the basis of sex, subjected a student to a sexually hostile environment, sexual harassment that was suf?ciently severe, pervasive, or persistent so as to interfere with or limit a student from participation in, deny a student the bene?t of, or otherwise subject a student to discrimination under any program or service of the University in violation of the Title IX implementing regulation at 34 CPR. 106.31. Tire Department of Ednration's mission is to promote student acirigveaient and preparation for global competitiveness byfosicring educationalr excellence and ensuring equal access. immaedgov Page 2 Santa J. Ono, 0 Whether the University provided a prompt and equitable response to a student complaint of sexual violence as required by the Title IX implementing regulation at 34 C.F.R. 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 its investigation is legally suf?cient and is dispositive of the allegation(s), in accordance with the provisions of Article of Case Processing Manual. Please read the enclosed document entitled Complaint Processing Procedures,? which includes information about: - complaint evaluation and resolution procedures, including the availability of Early Complaint Resolution 0 regulatory prohibitions against retaliation, intimidation, and harassment of persons who ?le complaints with OCR or participate in an OCR investigation; and I application of the Freedom of Information Act and the Privacy Act to OCR investigations. Additional information about the laws OCR enforces is available on website at OCR intends to conduct a prompt investigation of this complaint. The regulation implementing Title VI of the Civil Rights Act of 1964, at 34 C.F.R. 100.6, which is incorporated by reference in the Title IX regulation at 34 C.F.R. 106.71, requires that a recipient of Federal ?nancial assistance make available to OCR information that may be pertinent to reach a compliance determination. In addition, in accordance with the regulation implementing the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, at 34 C.F.R. and the Title VI regulation at 34 C.F.R. OCR may review personally identi?able records without regard to considerations of privacy or con?dentiality. Please note that OCR will conduct its investigation of OCR Docket #15-16-2039 and this complaint together and as part of this complaint investigation OCR will consider the documents and information the University has provided and continues to provide to OCR pursuant to OCR Docket #15-16-2039, regarding the University?s policies, procedures, and practices with respect to its sexual harassment and sexual assault grievance process. The University therefore does not need to duplicate the documents and information it has already provided. However, to the extent that the information the University has provided for the investigation of OCR Docket Page 3 Santa J. Ono, #15-16-2039 is no longer accurate, please provide updated information. Further, as relevant, please identify which documents the University has already provided to OCR it believes are responsive to each request listed below. OCR is requesting that you forward the following information to OCR within ?fteen calendar days of the date at the top of this letter. Wherever possible, please provide the requested information via e-mail (and Bates-labeled, if you have that capability); otherwise please provide the information via hard copy: 1. a copy of all documentation (hard copy or electronic) concerning any formal or informal complaints or reports of discrimination based on sex (including sexual harassment andfor sexual violence) lodged by, on behalf of, or about the Student during or after the (bli?l school year, including: a. a copy of any written complaints or reports, and a detailed description of any verbal complaints; b. a copy of any documents that discuss or relate to the University?s response to the Student?s complaints or reports, and a detailed description of any verbal response to the Student?s complaints or reports; and c. a detailed description of any action the University took to stop any harassment or discrimination, and to prevent any additional discrimination or harassment based on sex; if not included in responses above, copies of all communications, including letters, e-mails, notes, memoranda, reports, or other communications (hard copy or electronic) sent or received by University staff and administration during and! or after the-school year that discuss, relate, or refer to the Student?s complaints or reports; copies of any notes, agendas, summaries, or follow-up communication related to any meeting between University staff and the Student regarding her complaints or reports of discrimination based on sex including sexual harassment and! or sexual violence) during andfor after thibll?l school year; and any other documentation or narrative explanation the University would like OCR to consider in its investigation, including the identification of relevant witnesses. For each individual identi?ed, please provide a name, title, and current contact information. Thank you for your cooperation in this matter. OCR also may need to interview individuals at the University with knowledge of the facts of this case. If OCR determines that an onsite visit is necessary, OCR will contact you to schedule a mutually convenient time for its visit. Page 4 Santa J. Ono, The University 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 matter of this complaint, including emails, word processing documents, spreadsheets, databases, calendars, telephone logs, internet ?les, network access information, and other media-based information (such as personal digital assistants and digital voice mail), even after it has provided 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 ?les, calendars, notes, correspondence, drafts, policies, manuals, or other things relevant to the case. Upon receipt of this letter, please notify OCR of the name, address, and telephone number of the person who will serve as the University?s contact person during investigation of this complaint. If you have any questions, please contact Julie Gran, the OCR staff person who has been assigned to investigate this complaint, by telephone at (216) 522-2684 or by e-mail at Julianne.Gran@ed.gov. Sincerely, Sacara M. Martin Supervisory Attorney/Team Leader Enclosure UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR RIGHTS mm MICHIGAN 1350 EUCLID AVENUE, SUITE 325 OHIO CLEVELAND, OH 44115 FEB 17 2017 (bits) Re: OCR Docket No. 15?16-2178 Dear {bills} On June 15, 2016, the US. Department of Education (Department), Of?ce for Civil Rights (OCR), received a complaint you ?led against the Universit of Cincinnati (the University). The complaint alleges that the University discriminated againsth?he Student) on the basis of sex. Speci?cally, the complaint alleges that the University failed to appropriately respond to November or December (blt5l complaint of sexual assault. OCR enforces Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 at seq, and its implementing regulation at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in any education program or activity operated by a recipient of Federal ?nancial assistance from the Department. As a recipient of Federal ?nancial assistance from the Department, the University is subject to this law. Because OCR determined that it has jurisdiction and that the complaint was ?led timely, it is opening the complaint for investigation. Based on the complaint allegation, OCR will investigate the following issues: I Whether the University, on the basis of sex, subjected a student to a sexually hostile environment, sexual harassment that was suf?ciently severe, pervasive, or persistent so as to interfere with or limit a student ?'om participation in, deny a student the bene?t of, or otherwise subject a student to discrimination under any program or service of the University in violation of the Title IX implementing regulation at 34 C.F.R. 106.31. The of Education's mission is to promote stmtent achievement and preporntion?n giolmi competitiveness by fostering educational excellence and ensuring across. nominatigov Page 2 1- Whether the University provided a prompt and equitable response to a student complaint of sexual violence as required by the Title IX implementing regulation at 34 C.F.R. The investigation of systemic issues raised by your complaint is being consolidated with a complaint investigation OCR is currently conducting in OCR Docket #15-16?2039, which involves a systemic investigation of the University?s policies, procedures, and practices with respect to its sexual harassment and sexual assault complaint process, and whether any sexually hostile environment resulted therefrom. Please note that opening an allegation for investigation in no way implies that OCR has made a determination with regard to the allegation?s merits. 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 allegation(s), in accordance with the provisions of Article of Case Processing Man uni. OCR will communicate with you periodically during its investigation. When contacting the of?ce about your case, please refer to OCR Docket Number 15-16-2173- If you have any questions, please contact Julie Gran, the OCR staff person assigned to investigate this complaint, by telephone at (216) 522-2684 Or by e-mail at Julianne.Gran@ed.gov. Sincerely, MW Sacara M. Martin Supervisory Attorney/Team Leader