UN IT ED S TAT E S D E P A RTM ENT OF ED UC ATIO N OFF I CE FO R C I V I L RI G HTS 32 OLD SLI P. 26 rtt FL OOR NE W YO RK . NE W YO RK 10005 T I .I\I OT H Y C . J . BLANC H A RD DIR ECT OR NE W YORK OFF ICE May 4, 201 7 (b)(7)( C) (6Jugc1 I New York, New York 10116 Re: CaseNo.02-17-2091 Hunt er College of the City University of New York Dear Ms. ! (b)(7)(C) !: On December 27, 20 16, the U.S. Department of Education (the Department) , Office for Civil Rights (OCR) received the above-referenced complaint you filed against Hunter College of the City Uruversity of New York (the College). You provided addit ional information regarding your complaint in e lectronic mail (email) correspondence and durin g interviews on January 23, 2017, and March 10, 2017. You alleged that College officials subjected you to harassment , because of your race and national origin , when (a) a staff member in the registrar ' s office prevented you from registering for classes in academic year 2014-2015 , and (b) an instructor in your ! (b)(7J(Cl l course laughed at you and refused to answer your questions in class in or around February 20 16 (Allegat ion 1). You also alleged that Colle e officia ls subj ected you to harassment, because of (b)(7)(Cl course in February 2016 , and (b) adv ising your age, by (a) removing you from a you to app ly for private loans in October 2016 because you were no longer eligible for federal financial aid (Allegation 2). You further alleged that the College discriminated against you, on the basis of sex, by failing to respond promptly and equitably to reports of sexual assau lt that you made in October and Nove mber 2016 (Allegation 3). Additionally , you alleged that the College retaliated against you, for filing complaints of sexual assault with the College in October and Novem r 2 failing to investigate a complaint you made in January 2017 that a (bl(7)(C) ook inappropriate pictures of you without your consent , and (b) placing a o on your student account in or around I (bl(7J(Cl ! 2016 (Allegat ion 4). Based on the information you provided in your complaint, email con-espondence, and interviews , OCR has determined that Allegat ions 3 and 4 are appropriate for investigation; however, OCR has determined that it will not investigate Allegations l and 2 for the reasons set forth below. OCR has determin ed Allegations l(a) and (b) and Allegation 2(a) are untimely filed with OCR. OCR requires that complaints be filed with OCR within 180 days of the alleged acts of discrimination , unless the time for filing is extende d by this office. The acts abo ut which you complained with respect to Allegations 1(a) and (b) and Allegation 2(a) occurred before February The Depa rtmen1 of Education 's mission is to p romote s t11den1 achieveme111and p reparati on fo r g loba l competi tiveness by fosteri ng educational exce llence and ensu ring equal access . Page 2 of 4 - Case No. 02-17-2091 2016, more than 180 days prior to the date you filed your complaint with OCR on December 27, 2016. You requested a waiver of the timeliness requirement. You informed OCR that you did not file Allegations 1(a) and (b) and Allegation 2(a) sooner because you attempted to resolve your concerns by meeting with and emailing College officials in or around February 2016, and by emailing College officials in October 2016 . OCR may grant a waiver of the timeliness requirement if an internal grievance alleging the same discriminatory /retaliatory conduct that is the subject of the OCR complaint is filed within 180 days of the act of alleged discrimination/retaliation, and the complaint is filed with OCR within 60 days of the completion of that process. With respect to Allegations 1(a) and (b ), your contacts with College officials in February and/or October 2016 took place more than 180 days after the alleged discriminatory conduct. With respect to Allegation 2(a), you stated that the College issued its response to your complaint in May 2016, yet you did not file your complaint with OCR until December , more than 60 days from the College ' s decision. According ly, the circumstances you described do not warrant a waiver of the timeliness requirement. Therefore, your request for a waiver has been denied, and OCR has dismissed Allegations 1(a) and (b) and Allegation 2(a) . With respect to Allegation 2(b), you alleged that a staff member in the College's financia l aid office subjected you to harassment by telling you on one occasion in October 2016 that you were not eligible for federal financial aid because you were "old , 1 had been in school for too long, and had accwnulated too many credits." Harassment on the basis of age that creates a hostile environment is a form of discrimination prohibited by the Age Discrimination Act of 1975, 42 U.S.C. § 6101 et seq., and its implementing regulation at 34 C.F.R. Part 110. Harassing conduct can include verbal, written , graphic, physical or other conduct , and can create a hostile environment if it is sufficiently serious to interfere with or deny a student ' s participation in or receipt of benefits , services or opportunities in the institution's program. You provided no information indicating that the alleged comment interfered with or denied your participation in any benefits or services at the College; rather, you stated that shortly thereafter , also in October 2016 , you met with a different College ! (b)(7)(C) !who resolved your concerns with respect to financial aid eligibility. OCR determined that the financial aid staff member ' s alleged comment on one occasion , without more, is not sufficient for OCR to infer that discrimination may have occurred. Accordingly , OCR has dismissed Allegation 2(b). As stated above, OCR will investigate Allegations 3 and 4. OCR is responsible for enforcing Title IX of the Education Amendmen ts of 1972 (Title IX), as amended , 20 U .S.C. § 1681 et seq., and its implementing regulation at 34 C.F.R. Part I 06, which prohibit discrimination on the basis of sex in education programs and activities receiving federal financia l assistance. The College is a recipient of financ ial ass istance from the Department. Therefore, OCR has jurisdictional authority to investigate this complaint under Title IX. The regulation implementing Title IX, at 34 C.F.R. § 106.71, incorporates by reference 34 C.F.R. § 100.7(e) of the regulation implementing Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., which provides that no recipient or other person shall intimidate, 1 You informed OCR that you are[I[) years old. Page 3 of 4 - Case No. 02-17-2091 threaten , coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secure d by regulations enforced by OCR or because one has made a complaint, testified, assisted, or participat ed in any manner in an investiga tion , proceedin g, or hearing held in connection with a complaint. Because OCR has determin ed that it has jurisdiction and that Allegations 3 and 4 were filed in a timely manner, it is opening the allegations for investigat ion. Please note that open ing the allegatio ns for investigation in no way imp lies that OCR has made a determination with regard to their merits. During the investigation , OCR is a neutral fact-finder , collecting and analyzing relevant evidenc e from the complainant , the recipient , and other sources, as appropriate. OCR will ensure that its investigation is legally sufficient and is dispositive of the allegations , in accordance with the provisions of Article lil of OCR ' s Case Processing Manual. OCR's goal is the prompt and appropriate resoluti on of the allegations contained in a complaint. OCR offe rs, when appropriate , an Early Complaint Resolution (ECR) process, sim ilar to mediation , to facilitate the voluntary resolution of complaints by providing an ear ly opportunity for the parties involved to resolve the allegation(s). Information about the ECR process is contained in the publication entitled , "OC R Complaint Processing Procedures,'" which was enclosed with OCR ' s previous letter to you acknowledging your complaint. This information is also on OCR's website at http://www2.ed.gov /about /offices /list/ocr/complaints-how.html. Also, when appropriate , a complaint may be resolved before the conclusion of an investigation after the recipient expresses an interest to OCR to resolv e the complaint. ln such cases , OCR obtains a resolution agreement signed by the recipient. Thi s agreement must be aligned with the compla int allegations or the informati on obtained during the investigation , and it must be consistent with applicable regulations. Add itional inform ation about this voluntary resolution process may also be found in the previously enclo sed publication , and on OCR's website at http:// v..rww2.ed.gov/about/offices / list/ocr/complaints-how.html. This letter sets forth OCR 's detennination in an individual OCR case. This letter is not a fonnal statement of OCR policy and should not be relied upon , cited, or construed as such. OCR's formal policy statements are approved by a duly authorized OCR official and made available to the public. You may have the right to file a private suit in federal court whether or not OCR finds a violation. You have the right , pursuant to the regulation implementing the Age Discrimination Act, at 34 C.F.R. § 110.39, to file a civil action for injunctive relief in federal court following the exhaustion of administrative remedie s. Administrative remedies are exhausted if: (1) 180 days have elapsed since the complainant filed the complaint with OCR , and OCR has made no finding , or (2) OCR issues any finding in favor of the recipient. A civ il action can be brought only in a United States district court for the district in which the recipient is found or tran sacts business. A complainant prevailing in a civil action has the right to be awarded the costs of the action , includin g reasonable attorney 's fees , but these costs must be demanded in the complaint filed with the court. Before comme ncing the action , the comp lainant shall give 30 days notice by registered mail to the Secretary of the Depart ment , the Secretary of Health and Human Services, the Attorney General of the United States , and the recipient. The notice shall state the violation Page 4 of 4 - Case No. 02-17-2091 of the Age Discrimination Act, the relief requested, the court in which the action will be brought , and whether or not attorney's fees are demanded in the event the complainant prevai ls. The complainant may not bring an action if the same alleged violation of the Age Discrimination Act by the same recipient is the subject of a pending act ion in any court of the United States. Please be advised that the College may not harass , coerce , intimidate or discriminate against any individua l because he or she has filed a complaint or participated in the complaint resolution process. If this happens , the individual may file a complaint alleging such treatment. Under the Freedom of lnfonnation 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 identifiable information that, if released, could reasonably be expected to constitute an unwarranted invasion of personal pnvacy. OCR will communicate with you periodically regarding the status of Allegations 3 and 4. In the interim, if you have any quest ions, please contact Janet Pfeffer , Senior Equal Opportunity Specialist , at (646) 428-3833 or Janet.Pfeffer(a),ed,gov; or Alexander Artz, Senior Compliance Team Attorney , at (646) 428-390 1 or Alexander.Artz @ed.gov. Sincerely, ~ Anna Moretto Cramer Compliance Team Leader UNITED STATES D E PARTMENT OF ED UCATIO N OFF I CE FO R C I V I L RI GHTS 32 OLD S LIP . 26 m FLOO R NE W YO RK . NE W YO RK 10005 TIM O TH Y C . J . BL ANC H A RD DIR ECT OR NE W YO RK O FFI CE May 4, 2017 James B. Milliken Chancello r City U niversity of New York 205 East 42nd Street New York, New York 10017 Re: Case No. 02-17-2091 Hunter College of the City Unive rsity of New York Dear Chancellor Milliken: On December 27, 2016 , the U.S. Department of Education , Office for Civil Rights (OCR) received the above-referenced complaint filed against Hunter College of the City University of New York (the College). The complainant alleged that the College failed to respon d promptly and equitably to reports of sexual assault that she made in October and November 2016; and as a result , she was subjected to a sexuall y hostile environment (Allegat ion 1). Additionall y, the complain ant all~ged that the College retaliated against her for filing complaints of sexua l assault with the College in October and November 2016, bJ (a) failing to investigate a complaint she (b)(7)(C) took inappropriate pictures of her without made in January 2017 that a ! her consent , and (b) placing a bold on her studen t account in or around I (b)(7)(Cl 12016 (Allegation 2). OCR has determined that these allegat ions are appropriate for investigat ion. OCR is responsible for enforcing Title LXof the Education Amendments of 1972 (Title IX), as amended , 20 U.S.C. § 1681 et seq., and its implementing regulat ion at 34 C.F.R. Prut I 06, which prohibit discrimination on the basis of sex in progrruns and activities receiving financial assistance from the U.S. Department of Education (the Department). The College is a recipient of financial assistance from the Department. Therefore , OCR has jurisdicti onal authority to investigate this complaint under Title IX. The regulation implementing Title IX, at 34 C.F.R. § 106.71, incorporates by reference 34 C.F.R. § I 00.7(e) of the regulat ion implementing Title VI of the Civ il Rights Act of 1964 (T itle VI), 42 U.S.C . § 2000d et seq. , wh ich provides that no recipient or other person shall intimidate , threaten , coerce , or discriminate against any individual for the purpo se of interfering with any right or privilege secured by regulations enforced by OCR or because one has made a complaint, testified, assisted , or participated in any manner in an investigation, proceeding, or hearin g held in connect ion with a comp lajnt. The Department of Education's mission is to promote student ac/rievemelll and preparation/or global competitiveness by s 11r i11 g equal access. fos tering educational excellence and e11 Page 2 of 6 - James B. Milliken, Chancellor Please note that opening the allegations for investigation in no way implies that OCR has made a dete1mination with regard to their merits. During the investigation, OCR is a neutral fact-finder, collecting and analyz ing relevant evidence from the complaina nt, the recipient, and other sources, as appropr iate. OCR will ensure that its invest igation is legally suffic ient and is dispos itive of the allegations , in accordance with the provisions of Article III of OCR's Case Processing Manual. Enclosed is a document entitled , "OCR Complaint Processing Procedures." This document will provide you with an overview of OCR's complaint evaluation, investigation , and resolution process. OCR wilJ collect only material needed to investigate thjs comp laint and will take all proper precautions to protect the identity of any individuals named in documents. To facilitate OCR 's effo1ts to investigate this complaint , OCR requests that, within twenty days of the date of this letter, you provide to OCR the informat ion listed on the enclosed data request. The regu lation implementing Title VI, at 34 C.F .R. § 100.6(b) and (c), requ ires that a recipient of federal financial assistance make available to OCR information that may be necessary for it to determine whether a recipient is in compliance with the regulations it enforces. This requirement is incorporated by reference in the regulation implementing Title IX, at 34 C.F.R. § I 06.71. This information is also being requested pursuant to 34 C.F.R. § 99.31(a)(3)( iii). OCR ' s goal is the prompt and approp riate resolut ion of the allegations contained in a comp laint. OCR offers, when appropr iate, an Early Complaint Resolution (ECR) process , similar to mediat ion, to facilitate the voluntary resol ution of complaints by providing an early opportunity for the parties involved to resolve the allegat ion(s). Some information about the ECR process is in the enclosure to this letter entitled , "OCR Complaint Processing Procedures," and on OCR ' s website at http ://www2.ed.go v/about/offices/list/ocr/complaints-how .html. Also, when appropriate, a complaint may be reso lved before the conclusion of an investigation after the recipient expresses an interest to OCR to resolve the complaint. In such cases , OCR obtains a resol ution agreement signed by the recipient. This agreement must be aligned with the comp laint allegations or the informat ion obta ined during the investigation , and it must be consistent with applicab le regulations . Additional information about this voluntary resolution process may also be found in the enclosure , and on OCR ' s website at http://~rww2.ed.gov/abou t/offices/1ist/ocr/complaints-how.html. Please be advised that the Col lege may not harass , coerce , intimidate , or discriminate against any individua l because he or she has filed a complaint or participated in the complaint reso lution process. If this happens, the individual may file another complaint alleging such treatment. Under the Freedom of Infonnation Act, it may be necessary to release this document and related correspondence and records upon request. In the even t that OCR receives such a request , it will seek to protect , to the extent prov ided by law, personally identifiable info1mation that, if released , could reasonably be expected to constitute an unwarranted invasion of personal privacy. Page 3 of 6 -James B. Milliken , Chancellor OCR staff will contact you within twenty calendar days to discus s the allegations and the complaint resolution process. In the interim, if you have any questions, please contact Janet Pfeffer, Senior Equal Opportunity Specialist, at (646) 428-3833 or Janet.Pfeffer @ed.gov; or Alexander Artz, Senior Compliance Team Attorney, at (646) 428-3901 or Alexander.Art z@ed.gov. Sincerely, ..fov-- Encl. Anna Moretto Cramer Compliance Team Leader Page 4 of 6 -Ja mes B. Milliken , Chancellor Data Re quest Case No. 02-17-209 1 Hunte r College of the City Univers ity of New York (the Colleg e) (b)(7)(C) (the complainant) I I (b)(7)(A) Page 5 01% 41111123 B. Millikcn. Chancellor Page 6 01'6 ?James B. Millikem Chancellor