NI TED STATES OF RH :ion rii tll'lilt'li 111th Hill. lT?w tum? ?in 1 AVE ?(iv-ls '1 Hit? WM 3.2? ?1 Kr?tN?rieXEiLI l"t. 1t-It?m?Hnn 5 It March 27, 2017 Richard B. Myers- President Office ofthe President Kansas State University 1 10 Anderson Hall Manhattan. Kansas 66506 Re: Docket 07172072 Dear President Myers: On January 25. 2017. the US. Department of Education {Department}. Of lice for Civil Rights (OCR). received a complaint alleging failure to adequately respond to and investigate allegations of sexual violence by the Kansas State University (University). Manhattan. Kansas. We have determined that we have the authority to investigate this complaint consistent with our complaint procedures and applicable law. OCR is responsible for enforcing Title 1X ol?thc Education Amendments of 1972 (Title it} United States Code (U.S.C.) 1681. and its implementing regulation at 34 CPR. Part 106. Title IX prohibits discrimination on the basis ot?ses in any education program or activity operated by a recipient of Federal financial assistance (FFA As a recipient of FFA from the Department. the University is subject to Title IX. Additional information about the laws OCR enforces is available on our website at http:ffu-trn .Cti.L1titjftiC1?. OCR will investigate whether the University failed to and equitably respond to the Complainant?s complaint of sexual assault. including the provision ot?interim measures. thereby subjecting her to a hostile environment in violation of34 Code of Federal Regulations PR.) 106.3 I .1 Because OCR has determined that it has jurisdiction and that this complaint was filed in a timely manner. it is opening the complaint for investigation. Please note that opening the complaint 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 its . . . . . . . . 4 OCR Is currently Investigating whether the Universny failed to and equitably respond to complaints. reports. andfor incidents of sexual violence of which it had notice. and whether students at the University were subjected to a sexually hostile environment. OCR will investigate this complaint concurrently as appropriate. '1 hi.- Departuu-nt :sI l'tltit'tilinn's mission is In I'tl'l?lt't'lttit' .iiliict'enn'nl .inti Int mmpillilit'vness ln' lush-ring t-tlumlii i- .uni equal .1: can? .gm' Page 2 Richard B. Myers. President 071720?2 investigation is legally suflicient and is dispositivc ofthc allegations. in accordance with the provtsnons ol Article ol use Processing i?lzi'ommf. Please read the enclosed document entitled OCR Case Processing Procedin'es. which includes information about: I OCR's complaint evaluation and resolution procedures: 0 Regulatory prohibitions against retaliation. intimidation. and harassment of persons who tile complaints with OCR or participate in an OCR investigation: and 0 Application ofthe Freedom of Information Act and the Privacy Act to OCR investigations. When appropriate. a complaint may be resolved before the conclusion ofan investigation after the recipient asks 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 allegations or the obtained during the investigation and must be consistent with applicable regulations. about this resolution process is also explained in the enclosed document. If not resolved before the conclusion ofthe investigation- OCR investigates the complaint and makes a compliance determination. If OCR determines a recipient has not complied with a regulation enforced by OCR. OCR will attempt to negotiate a written agreement with the recipient in which the recipient commits to take speci?c steps to bring it into compliance with the applicable laws and regulations. OCR intends to conduct a prompt investigation of this complaint. The regulation implementing Title VI at 34 C.F.R. 100.6(b) and requires that a recipient of FFA make available to OCR in formation that may be pertinent to reach a compliance determination. This requirement is incorporated by reference in the Title IX regulation at 34 C.F.R. 53 106.71. Pursuant to 34 C.F.R. 100.6(c1 and 34 ofthe regulation implementing the Family Educational Rights and Privacy Act. 20 [232g OCR may review personally identi?able records without regard to considerations of privacy and con?dentiality: To expedite our investigation. we request that the University provide the following information to OCR within 20 calendar days ofthe date ofthis letter (April 17". 2017'). (WORN) The Cow Processing Mmmut? is available on DC R's website at: http: "abouj 'ot'ticgs- istiocritlocs 133ch: - Richard 13. N??chrs. President 417173172 I?l?ugc 5 Richard B. I?rcsidcnl 07173173 Page 6 - Richard B. Myers. President 07172072 (MINA) An OCR staff member will contact you within five days by telephone to provide you the names ofthc Complainant and the accused student. OCR requests that the University provide the information requested above in electronic format as an attachment to an email or. if the most current documentation is available online. to provide OCR a reference in its data response to the website address or a link where OCR may access the information. In addition. the infonnation may be scanned onto a CD or DVD. If the University has previously submitted a current version of a requested document to OCR in another complaint investigation. please inform us of the docket number of the OCR complaint and OCR will consider the information responsive to our data request. The University may also choose to submit paper copes of the requested information. In addition to the information requested above. OCR may need to request additional information and interview pertinent personnel. lf OCR determines an on-sitc visit is necessary. we will contact you to schedule a mutually convenient time for the visit. Please notify OCR the name. address. and telephone number ofthc person who will serve as the University's contact person during the resolution ofthis complaint. We would like to speak with this person as soon as possible regarding the information requested in this letter. Thank you for your cooperation in this matter. OCR is committed to prompt and effective service. lfyou have any questions. please contact Glenn Grayson. Attorney, at (816) 268-0562 (voice) or 521-2172 (telecommunications device for the deaf), or by email at glenn.uravsonfc?cd.eov. Sincere y. 0a lene Gordon Supervisory Attorney Enclosure STAI ES 0F EDULEX HON Its-turn 't?lt {Iii-litte'l-Z L'i?t'll tow I: UNI. 1?1 11 It ?t3 i?t'r?tl l' ?Frill?1171'. 13H ?1?1 \l 1? CH \10t11111h March 21117 (bite); (5)003) Re: Docket 117172072 (bits); (Dill? Dear (C) On January 25. 2017. the 11.8. Department ot? Education (Department). Of?ce for Civil Rights (OCR). received your complaint against the Kansas State University (University). Manhattan. Kansas. alleging:T discrimination on the basis ot?scx. We have completed our evaluation of your complaint and have determined that we have authority to investigate your complaint. We will address the complaint consistent with our complaint procedures and applicable law. OCR is responsible for enforcing Title IX ot?the Education Amendments 011972 (Title IX). 20 United States Code 1681. and its implementing regulation at 34 CPR. Part 106. Title IX prohibits discrimination on the basis ot'sex in any education program or activity operated by a recipient of Federal ?nancial assistance (FFA). As a recipient trom the Department. the University is subject to Title IX. Additional information about the laws OCR enforces is available on our website at OCR will investigate whether the University failed to and equitably respond to the Complainant's complaint ot'sexual assault. including the provision ot?interim measures. thereby subjecting her to a hostile environment in violation of 34 Code of Federal Regulations (C.F.R.) 9' masr.? Because OCR has determined that it has jurisdiction and that your complaint was ?led in a timely manner. it is opening your complaint for investigation. Please note that opening the complaint 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-tinder. collecting and analyzing relevant evidence from the complainant, the recipient. and other sources. as appropriatecurrently Investigating whether the Unlversny failed to and equrtably respond to complaints. reports. andror incidents of sexual violence of which it had notice. and whether students at the University were subjected to a sexually hostile environment. OCR will investigate your complaint concurrently as appropriate. is to promote and preparation tor glottal 1W honoring educational cut-ileum urnl ensuring equal on was. tvtt'wt?ti .111 Ln 1 "t (DEE): (WING) Page 2 . 071720372 will ensure that its investigation is legally suf?cient and is dispositive of the complaint. in accordance with the provisions of Article of OC R?s Case Processing Manual. When appropriate, a complaint may be resolved before the conclusion of an investigation after the recipient asks 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 must be consistent with applicable regulations. Information about this resolution process was also explained in the document enclosed with our letter acknowledging your complaint. If not resolved before the conclusion of the investigation. OCR investigates the complaint allegation and makes a compliance determination. lf OCR determines that a recipient has not complied with a regulation enforced by OCR, OCR will attempt to negotiate a written agreement with the recipient in which the recipient commits to take speci?c steps to bring it into compliance with the applicable laws and regulations. We will communicate with you periodically regarding the status of your complaint. As you were told in our previous acknowledgement letter and in your conversations with an OCR staff attorney. ifyou have additional information related to your complaint that you would like OCR to consider, you may submit the information to the staff person referenced below. We prefer that you submit information electronically. such as by email or by scanning the information into an electronic format a PDF format). You may copy data or documents onto disks as an alternative to reproducing the information in a hard copy format. Please do not provide OCR with a ?ash drive. If you have any questions. please contact Glenn Grayson, Attorney. at (816) 268-0562 (voice) or (877) 521-217? (text telephone - TTY). or by email at glenn.uravsonu?uied.gov. Sincem arlene Gordon pervisory Attorney The Case Processing Manual is available on website at