UNITED STATES DEPARTMENT OF EDUCATION REGION Iv OFFICE FOR CIVIL RIGHTS, REGION IV ALABAMA FLORIDA GEORGIA 61 ST., SOUTHWEST. SUITE l9'l?10 TENNESSEE ATLANTA, GA 30303-8927 May 4, 2017 (bxe); Dear Re: Docket 04-16-2347 On September 27, 2016, the US. Department of Education (Department), Of?ce for Civil Rights (OCR), received your complaint ?led against the University of Central Florida (University) alleging discrimination on the basis of sex and disability. You (Complainant) allege that the University failed toresponsible for enforcing: Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 U.S.C. ?1681 e_t and its implementing regulation at 34 CPR. Part 106, which prohibits discrimination on the basis of gender in education programs and activities that receive Federal ?nancial assistance (FF A) from the Department. Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 United States Code (U.S.C.) 794, and its implementing regulation, 34 Code of Federal Regulations (C.F.R.) Part 104. Section 504 prohibits discrimination on the basis of disability by recipients of Federal ?nancial assistance. The Section 504 regulation at 34 CPR. 104.61 incorporates by reference the prohibition on retaliation and intimidation for engaging in a protected activity found in the regulation implementing Title VI of the Civil Rights Act of 1964, 42 U.S.C. ?2000d, at 34 CPR. Title II of the Americans with Disabilities Act of 1990 (Title II), 42 U.S.C. 12131, and its implementing regulation, 28 CPR. Part 35. Title II prohibits discrimination on the basis of disability by public entities. The regulation implementing Title II at 28 C.F.R. 35.134 also prohibits retaliation. The Department of Education?s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. Complaint 04-16-2347 Page 2 As a recipient of FFA from the Department, the University is subject to these laws. Additional information about the laws OCR enforces is available on our website at Allegations 1 and 2 Because OCR has determined it has jurisdiction and that your complaint was ?led in a timely manner, OCR is opening allegations 1 and 2 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-?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 dispositive of the complaint, in accordance with the provisions of Article of Case Processing Manual.l Allegation 3 Accordingly, OCR will investigate the following legal issues: We will communicate with you periodically regarding the status of your complaint. If you have additional information related to your complaint that you would like OCR to consider, you may The Case Processing Manual is available on website at Complaint 04-16-2347 Page 3 submit the information to the staff person referenced below. Your submission may be in hard copy form photocopies of documents), or you may scan the information into an electronic format a PDF format). OCR is committed to prompt and effective service. If you have any questions, please contact Lachauna Edwards, Attorney, at (404) 974-9390 or the undersigned at (404) 974-93 66. Sincerelv- Virgil Hollis Compliance Team Leader UNITED STATES DEPARTMENT OF EDUCATION REGION Iv OFFICE FOR CIVIL RIGHTS, REGION IV ALABAMA FLORIDA GEORGIA 6 ST., SOUTHWEST, SUITE 19'1?10 TENNESSEE ATLANTA, GA 30303-8927 May 4, 2017 Dr. John C. Hitt Of?ce of the President University of Central Florida PO. Box 160002 Orlando, FL 32816-0002 Re: Docket 04-16-2347 Dear Dr. Hitt: On September 27, 2016, the US. Department of Education (Department), Of?ce for Civil Rights (OCR), received a complaint ?led by ?(Complainant) against the University of Central Florida (University), alleging discrimination on the basis of sex and disability. Speci?cally, the Complainant alleges that the University failed to: OCR is responsible for enforcing: 0 Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 U.S.C. ?1681 gt and its implementing regulation at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in education programs and activities that receive Federal ?nancial assistance (FF A) from the Department. 0 Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. 794, and its implementing regulation, 34 C.F.R. Part 104. Section 504 prohibits discrimination on the basis of disability by recipients of Federal ?nancial assistance. 0 Title II of the Americans with Disabilities Act of 1990 (Title II), 42 U.S.C. 12131, and its implementing regulation, 28 C.F.R. Part 35. Title II prohibits discrimination on the basis of disability by public entities. As a recipient of FFA from the Department and a public entity, the University is subject to these laws. Additional information about the laws OCR enforces is available on our website at Because OCR has determined that it has jurisdiction and that the complaint was ?led timely, it is opening this complaint for investigation. Please note that opening the complaint for The Department of Education '5 mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. ed. gov Page 2 Ref. 04-16-2347] investigation in no way implies that OCR has made a determination with regard to its merit. 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 allegations, in accordance with the provisions of Article of the Case Processing Manual. In this matter, OCR will investigate the following legal issues: 1 2. (MW) Please read the enclosed information about complaint processing procedures, which includes information about the regulatory prohibitions against retaliation, intimidation, and harassment of persons who ?le 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. OCR will 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(b) and (0), requires that a recipient of A make available to OCR information that may be pertinent to reach a compliance determination. This requirement is incorporated by reference in the Title IX regulation at 34 CPR. Section 106.71. Pursuant to 34 CPR. 100.6(0) and 34 C.F.R. ofthe regulation implementing the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, OCR may review personally-identi?able records without regard to considerations of privacy or con?dentiality. Accordingly, OCR is requesting that you submit the following un-redacted information and documents to our office by March 31, 2017. Unless otherwise stated, please provide this information and documents for the time period from August 1. 2014 forward through the date of this data compilation. Please include all information and documents related to allegations by students at all academic levels undergraduate, graduate, etc.) regarding alleged sexual harassment/violencel by other students, administrators, faculty, instructors, staff and third parties. Please note that as used in this document, sexual harassment or sexual harassment/violence? includes allegations of the following conduct: sexual assault; sexual battery; sexual coercion; rape or other sexual acts occurring without consent; domestic violence; dating violence; stalking; unwelcome sexual advances; requests for sexual favors; other sexual misconduct; and other verbal, nonverbal, or physical conduct of a sexual nature Page 3 Ref. 04-16?2347] Page 4 Ref. 04-16-2347] Page 5 Ref. 04-16-2347] Page 6 Ref. 04-16-2347] Page 7 Ref. 04-16-2347] Page 8 Ref. 04-16-2347] Page 9 Ref. 04-16-2347] In addition to the information requested above, OCR may need to request other information and interview pertinent personnel. If an on-site visit is determined to be necessary, OCR will contact you to schedule a mutually-convenient time for the visit. Please notify OCR of the name, address, and telephone number of the person who will serve as the University?s contact person during the resolution of this complaint. We would like to speak with this individual as soon as possible regarding the information requested in this letter. Page 10 Ref. 04-16-2347] OCR is committed to prompt and effective service. If you have any questions, please contact Lachauna Edwards, Attorney, at (404) 974-9390 or the undersigned at (404) 974-9366. Sincerely, Virgil Hollis Compliance Team Leader