UNITED STATE S DEPARTMENT OF EDU CA TIO N OFFICE FOR C IVIL RIGHT S, RE G IO N XV 135 0 EUC LID A V ENUE , SU I T E 325 C LE V E LA ND , O ll 4 4 11 5 R£CION XV MIC HIG,\ N 0 1110 Ap ril 18, 20 17 (b)(6); (b)(?(C) Re: OCR Docket # 15-16- 2 167 Dea (b)(6) ; (b)(7(C) On May 25 , 2016 , the U.S. Departm ent of Educatio n ' s Office for C ivil Ri ghts (OCR) rece ived the complaint yo u filed aga inst Denison Univer s ity (the Uni vers ity). The complaint alleges that the U niv ers ity discr imi nated (b)(6); (b)(?(C) on the basis of sex by failing to promptl y and equitably respond to (b)(6); (b)(?(C) complaint of sexual violence , including failing to prop erly addr ess a report of intimidation and harassm ent (b)(6); (b)(7(C) dur ing the University ' s Title IX invest i ation. (b)(6); (b)(7(C) (b)(6); (b)(?(C) OCR is respo nsib le for enforci ng Ti tle [X of the Educ at ion Amendments of\ 972, 20 U.S.C. § 1681 et seq., and it s impl emen ting regulation , at 34 C.F.R. Part I 06 , which prohibit discrimination on the basis of sex in educ at ion pro gra ms and activities operated by rec ipients of Federal financial assista nce from the U .S. Depa11ment of Ed ucation (the Department). OCR is also respons ible for enforcing Section 504 of the Rehabi litation Act of 1973, 29 U.S.C. § 794 , and its implementing regu lation , 34 C.F.R. Part 104. Sec tion 504 prohibits discrimination on the basis of d isabilit y by rec ipi ents of Fe dera l financial ass istance from the Departm ent. As a recip ient of Federal financial assistance from the Department, lhe U niversity is subject to th ese laws. Beca use OCR has determ ined that it ha s juri sdiction and tha t the co mplaint was filed tim ely, OCR is opening this complaint for investigat ion. The comp laint allega tions raise the fo llowing legal issues: l . Whether th e U ni ve rs ity provided a prompt and eq uitabl e response to a sex ual vio lence or sex ual harass m ent complaint , repo rt , and /or other incid en ts of whi ch it had notice (knew about or sho uld ha ve known about) as req uired by the Tit le IX impl ementin g reg ulat ion at 34C.F.R . §§ l06 .8a nd 106.31. The Dep artm ent of Ed 11cMion ·s miss ion is 10 promote stud ent ac/Jieve111 e111and p repam1i o11fo r g loba l co 111p etitiv e11ess by fos terin g ed ucational exce l/e11ce and ensurin g equal (lccess. www.ed. go v Page 2 4(b)(6) ; (b)(7(C) 2. Whether any failure by the University to provide a prompt and equitable response to a complaint of sexual harassment /violence allowed the 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 University's programs, in violation of the Title IX implementing regulation at 34 C.F.R. §§ 106.8 and 106.3 l. 3. Whether a recipient or other person intimidated, threatened, coerced, or discriminated against any individual for the purpose of interfering with any right or privilege secured by Title IX, in violation of the Title IX implementing regulation at 34 C.F.R. § 106. 71. 4. Whether the University, on the basis of disability, subjected a student to a hostile environment that was sufficiently seve re, pervasive, or persistent so as to interfere with or limit the student's part icipat ion in, deny the student the benefit of, or otherwise subject the student to discrimination in any University program or activity , in violation of the Section 504 implementing, regulation at 34 C .F.R. § l04.4. OCR is currently, in OCR Docket # 15-14-2128, conducting a system ic investigation of the University's policies , procedures , and pract ices with respect to its sexual harassment and sexual assault complaint process, and whether any sex ually hostile environment for students resulted therefrom. Please note that open ing 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-finder , collecting and analyzing relevant evidence from the complainant , the recipient , and othe r sources as appropriate. OCR will ensure that the investigation is legally suffic ient and is dispositive of the allegations in ·accordance with the provisions of Article JI1of OCR's Case Processing Manual. OCR works to resolve allegations of discrimination promptly and appropriately. We will communicate with you periodically during ou r investigation. When contact ing our office about your case , please refer to OCR Docket Number 15-16-2167. lf you have any questions , please contact Ms. Denise C . Vaughn , who will be investigating this complaint , at (216) 522-7574 or by e-mail at Denise .C.Vaughn @ed.gov. Sincerely , ~/7{_~~ Lisa M. Lane Supervisory Attorney /Team Leader UNITED STATES DEPARTM ENT OF EDUCAT IO N OFF I CE FOR CIVIL RIGHTS , REG I ON XV REGION XV 1350 EUCL ID AVENUE. SU IT E 325 C LEV ELAND , OH 44 115 MICHIGAN OHIO April 18, 2017 Adam S. Weinberg, Ph .D. President Denison University P.O. Box 713 Granville , Ohio 43023 Re : OCR Docket # 15-16-2167 Dear Dr. Weinberg: On May 25, 20 16, the U.S. Department of Education 's Office for Civil Rights (OCR) rece ived a comp laint filed against Denison Univers ity ·(t he Un ive rsity) . The comp laint a lleges that the Un iversity discriminated agains t a student (the Stude nt) on the basis of sex by failin g failed to promptly and equitably respond tq(b)(6);(b)(7(C) FOmplain t of sexua l violence , includin g faili ng to properly address a report of intimidation and harassment l(b)(6) ; (b)(7(C) ldurinfl th e Universit v's Title IX investigation .l(b)(6) ; (b)(7(C) I (b)(6);(b)(7(C) OCR is responsible for enforcing Title IX of the Education Amendments of 1972, 20 U .S.C. § 1681et seq., and its impl ementing regulation , at 34 C.F.R. Part 106, whic h prohibit discrimination on the basis of sex in education programs and activit ies operated by recipi ents of Fe dera l financ ia l assistance from the U.S. Department of Educat ion (the Department). OCR is also responsible for enforcing Sect ion 504 of th e Rehabilitation Act of 1973, 29 U.S .C . § 794 , and its impl ementing regulation , 34 C.F.R. Part I 04. Section 504 prohibits discrimination on th e basis of disability by recip ients of Federa l financial assistance from the Department. As a recipient of Federal financ ial assis tance from the D epartment , the U niversity is subj ec t to these laws. Becaus e OCR has determined that it has jurisdicti on and that the complaint was filed tim ely, OCR is opening this compla int for inv es tigation. T he complaint allegations rais e the following lega l issues: I. Whether the Unive rs ity provided a prompt and equ itable response to a sexual vio lence or sexual harassment complaint , report , and /or other incidents of wh ich it had notice (knew about or shou ld have known about) as required by the Tit le IX implementing regulation at 34 C.F.R . §§ 106.8 and l 06 .31. The Depar tment of Ed11catio11's miss ion is to promote stud ent achievement and preparation fo r global competitiveness by foste ring educational excellence and ensuring equal access. www.ed.gov Page 2 -Ada m S. Weinberg, Ph.D. 2. Whether any failure by the University to provide a prompt and equitab le response to a complaint of sexual harassment/v iolence allowed the 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 University"s programs, in violation of the Title IX implement ing regulation at 34 C.F.R. §§ l 06.8 and 106.3 1. 3. Whether a recipient or other person intimidated, threatened, coerced , or discriminated against any individual for the purpose of interfering with any right or privilege secured by Title TX, in violation of the Title IX implementing regu lation at 34 C.F.R. § I 06.71. 4. Whether the University, on the basis of disability, subjected a studen t to a hostile enviro1rn1 e nt that was sufficiently severe, pervasive, or persistent so as to interfere with or limit the student ' s participation in, deny the student the benefit of, or otherwise subject the student to discrimination in any University program or activity, in violation of the Section 504 implementing regulation at 34 C.F .R. § l 04.4. 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-finder , collecting and analyzing relevant evidence from the complainant, the recipient, and other sources as appropriate. OCR will ensure that the investigation is legally sufficient and is dispositive of the allegations in accordance with the provis ions of Article Ill of OcR·s Case Processing Manual. For your reference , the enclosed document, entitled "OCR Complaint Processing Procedures," includes information about: • OCR' s compla int evaluation and resolution procedures, including the availability of Early Complaint Resolution (ECR); • regulatory prohibitions against retaliation, intimidation and harassment of persons who file complaints with OCR or participate in an OCR investigation; and • the application of the Freedom of Information Act and the Privacy Act to OCR investigations. Additional information about the Jaws OCR enforces is available on our website at http://www.ed.gov/ocr. OCR intends to conduct a prompt investigation of this complaint. The Title VI regulation, at 34 C.F.R. § I 00.6, 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, and the Section 504 regulation, at 34 C.F.R. § 104.6 l , similarly incorporates those requiremen ts by reference. In addition, in accordance with the Title Vl regulatio n at 34 C.F.R. § l00.6(c) and with the regulation implement ing the Family Educational Rights and Privacy Act , 20 U.S.C. § 1232g, at Page 3 -Adam S. Weinberg , Ph.D. 34 C.F.R. § 99.3 l(a)(J)(iii) , OCR may review personally identifiable records without regard to considerations of privacy or confidentia lity. Please note that , as part of this comp laint invest igation , OCR will consider the documents and information the Un iversity has provided and may continue to provide to OCR pursuant to OCR Docket # 15-14-2128, regarding the University's policies , procedures , and practices with respect to its sexual harassment and sexua l 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 invest igation of OCR Docket # 15-142 128 is no longer accurate , please provide updated information. Further, as relevant, please identify wh ich documents the Unive rsity has already provided to OCR it believes are responsive to each request listed below. Accordingly , OCR is requesting that you forward the following information to us within 15 calendar days of the date stamped at the top of this letter. Plea se contact OCR prior to submitting documentation electronically to ensure that su bmissions can be accepted. Wherever possible , please provide the requested information Bates-labeled if you have that capability. rX6) ;(bX7(C) 1. A copy of all versions of the University ' s policies and procedures that were in effect !~~~~r(bl !including the policies and procedures used !(b)(6) ; (b)(?(C) during the investigation of the complaint filed by the Student ._!