UNITED STATES DEPARTMENT OF EDUCATION REGION OFFICE FOR CIVIL RIGHTS ARKANSAS LOUNANA 1999 BRYAN ST., SUITE 1620 DALLAS, TX 75201-6810 TEXAS. March 13, 2017 OCR Case No. 06162161 Dr. Edward B. Burger, President Southwestern University 1001 E. University Avenue Georgetown, TX 78626 Dear Dr. Burger: This letter is to inform you that the US. Department of Education (Department), Of?ce for Civil Rights (OCR), has opened for investigation a second complaint ?led against Southwestern University (University), in which the complainant, -(Student), alleges that the University discriminated against him on the basis of sex when it failed to and equit v' ence complaint that 0 he ?led with the University in or around OCR is responsible for determining whether entities that receive Federal ?nancial assistance from the Department, or an agency that has delegated investigative authority to OCR, are in compliance with Title IX, 20 U.S.C. 1681, 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. The University is a recipient of Federal ?nancial assistance from the Department. Therefore, OCR has jurisdictional authority to process this complaint for resolution under Title IX. Please note that opening an 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, recipient, and other sources, as appropriate. OCR will ensure that its investigation is legally suf?cient and in accordance with the provisions of Article of the Case Processing Manual. OCR will investigate: 1. Whether the University provided a prompt and equitable response to the Student's sexual violence complaint, of which it had notice (knew or should have known about), as required by the Title IX implementing regulation at 34 C.F.R. 106.8(b) and 106.31; and 2. Whether any failure by the University to provide a prompt and equitable response allowed the Student to be subjected to a sexually hostile environment that denied or Thu Department ul'Edur?dtion ?s Is to promote student and pn? aration for global mmpotiti Vt 710326 by factoring educational excel/mm and ensuring aqua alum. Page 2 Dr. Edward B. Burger, President (06162161) limited his ability to participate in or bene?t from the University?s programs, in violation of the Title IX implementing regulation at 34 C.F.R. 106.8(b) and 106.31. OCR will consolidate the investigation of this complaint with its ongoing investigation of OCR lCase No. 06152316, which OCR opened against the University on February 18, 2016. The Title IX regulation at 34 C.F.R. Section 106.71 incorporates by reference the regulation implementing Title at 34 C.F.R. 100.6(b) and which requires that a recipient of Federal ?nancial assistance make available to OCR information that may be pertinent to reach a compliance determination. Pursuant to 34 C.F.R. and 34 C.F.R. of the regulation implementing the Family Educational Rights and Privacy Act, OCR may review personally identi?able records without regard to considerations of privacy or con?dentiality. Therefore, we have enclosed an initial request for information that is needed for the investigation of this complaint. Please submit the requested information to our of?ce within 30 calendar days of the date of this letter. OCR may seek to supplement this information through additional data requests, interviews with personnel and students, and if necessary, an onsite visit. Complaints may be resolved prior to the conclusion of an investigation in two ways. First, Early Complaint Resolution (ECR) allows the parties (the complainant and the institution that is the subject of the complaint) an opportunity to resolve the complaint allegations quickly, generally soon after the complaint has been opened for investigation. If both parties are willing to try this approach, and if OCR determines that ECR is appropriate, OCR will facilitate settlement discussions between the parties and work with the parties to help them understand the legal standards and possible remedies. Second, complaints may also be resolved before the conclusion of an investigation if the institution that is the subject of the complaint (recipient) expresses an interest in resolving the complaint. This process is voluntary and must be requested by the recipient. OCR must determine that it is appropriate to resolve the complaint during the course of an investigation. If the voluntary resolution process has been determined appropriate, OCR will notify the complainant of the recipient?s interest in resolving the complaint. The resolution agreement is negotiated between OCR and the recipient. The provisions of the resolution agreement will be aligned with the complaint allegations or the information obtained during the investigation, and will be consistent with applicable regulations. A copy of the signed resolution agreement will be included with the resolution letter. OCR will then monitor the implementation of the resolution agreement. For your information, we have enclosed OCR ?s Complaint Processing Procedures to provide you with an overview of complaint evaluation and resolution processes. Please be advised that the University may not harass, coerce, intimidate, or discriminate against any individual because he or she has ?led a complaint or participated in the OCR is currently conducting a systemic investigation based on an allegation that the University discriminated against a student on the basis of sex when it failed to provide an a prompt and equitable grievance hearing in response to the student?s complaint of sexual assault. Page 3 Dr. Edward B. Burger, President (06162161) complaint resolution process. If this happens, the individual may ?le a 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. If you have any questions regarding this letter, please contact Sakina Vidacak (214) 661- 9628 or me, Terri Gonzales (214) 661-9687. Sincerely, Terri Gonzales Supervisory Attomeyfl? earn Leader Of?ce for Civil Rights Dallas Of?ce UNITED STATES DEPARTMENT OF EDUCATION REGION OFFICE FOR CIVIL RIGHTS ARKANSAS 1999 BRYAN ST., SUITE [620 DALLAS, TX 75201-6810 TEXAS March 13, 2017 OCR Case No. 06162161 This letter is to inform you that the US. Department of Education (Department), Of?ce for Civil Rights (OCR), has opened for investigation the com laint ou ?led a ainst Southwestern University (University), in which you, a (Student), alleged that the University discriminated against you on the basrs or sex when it failed to and equitably respond to a sexual violence complaint that you ?led with the University in or around OCR is responsible for determining whether entities that receive Federal ?nancial assistance from the Department, or an agency that has delegated investigative authority to OCR, are in compliance with Title IX, 20 U.S.C. 1681, and its implementing regulation at 34 CPR. Part 106, which prohibit discrimination on the basis of sex in any education program or activity. The University is a recipient of Federal ?nancial assistance from the Department. Therefore, OCR has jurisdictional authority to process this complaint for resolution under Title IX. Because OCR has determined that it has jurisdiction and you ?led your allegations timely, it is now opening an investigation. Please note that opening an 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, recipient, and other sources, as appropriate. OCR will ensure that its investigation is legally suf?cient and in accordance with the provisions of Article of the Case Processing Manual. OCR will investigate: 1. Whether the University provided a prompt and equitable response to the Student's sexual violence complaint, of which it had notice (knew or should have known about), as required by the Title implementing regulation at 34 CPR. 106.8(b) and 106.31; and Thu ul'Edumtiun ?5 mission is to pmmolv student achievement and pm umliun [org/01ml comrx?titivmoss by [aster-mg educational excel/mm and ensurmg aqua amass. Page 2 ?(06162161) 2. Whether any failure by the University to provide a prompt and equitable response allowed the Student to be subjected to a sexually hostile environment that denied or limited his ability to participate in or bene?t from the University?s programs, in violation of the Title IX implementing regulation at 34 CPR. 106.8(b) and 106.31. OCR will consolidate the investigation of this complaint with its ongoing investigation of OCR 1Case No. 06152316, which OCR opened against the University on February 18, 2016. Early Complaint Resolution (ECR) allows the parties (the complainant and the institution that is the subject of the complaint) an opportunity to resolve the complaint allegations quickly, generally soon after the complaint has been opened for investigation. If both parties are willing to try this approach, and if OCR determines that ECR is appropriate, OCR will facilitate settlement discussions between the parties and work with the parties to help them understand the legal standards and possible remedies. Please inform OCR if you are interested in the ECR process. Please be advised that the University 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, the individual may ?le a 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. If you have any questions regarding this letter, please contact Sakina Vidacak (214) 661- 9628 or me, Terri Gonzales (214) 661-9687. Sincerely, Terri Gonzales Supervisory Attorney/I earn Leader Of?ce for Civil Rights Dallas Of?ce OCR is currently conducting a systemic investigation based on an allegation that the University discriminated against a student on the basis of sex when it failed to provide an a prompt and equitable grievance hearing in response to the student?s complaint of sexual assault.