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Y ORK O IT IC I

April 28, 2017
Via Electronic Mail tol
b}(7)(C)

(b)(T){C)

l

Re:

Case No. 02-17-2085
New York Universitv School of Medicine

Dear!

(b)(7l(Cl

On December 20. 2016. the U.S. Department of Education, Office for Civil Rights (OCR)
received the above-referenced complaint you filed against New York University School of
Medicine (the School). You alleged that the Universitl failed
to respond promptly and equitably
to the report of sexual assault that your client made on (bl(7l<CJ
and as a result. your client
was subjected to a sexually hostile environment. OCR has determined that it will investigate the
allegation.

I

OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX). as
amended. 20 U.S.C. § 1681 et seq.. and its implementing regulation at 34 C.F.R. Part 106. which
prohibit discrimination on the basis of sex in programs and activities receiving financial
assistance from the U.S. Department of Education (the Department). The School is a recipient of
financial assistance from the Department. Therefore. OCR has jurisdictional authority to
investigate this complaint under Title IX.
Because OCR has determined lhat it has jurisdiction and that the complaint was filed in a timely
manner. it is opening the allegation for investigation. Please note that opening the allegation for
investigation in no way implies that OCR has made a determination with regard to its merit.
During the investigation. OCR is a neutral fact-tinder. collecting and analyzing relevant evidence
from the complainant. the recipient. and other sources. as appropriate. OCR will ensure that its
inYestigation is legally sufficient and is dispositivc of the allegation. in accordance with the
provisions of Article Ill of OCR"s Case Processing Manual.
OCR' s goal is the prompt and appropriate resolution of the allegations contained in a complaint.
OCR offers, when appropriate. an Early Complaint Resolution (ECR) process. similar to
mediation. to facilitate the voluntary resolution of complaints by proYidingan early opportunity

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 Page 2 of2 - Case No. 02-17-2085
for the parties involved to resolve the allegation(s). Some information about the ECR process is
contained in the publication entitled, "OCR 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 !ill:P.:
//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 resolve the complaint. ln such cases. OCR
obtains a resolution agreement signed by the recipient. This agreement must be aligned with the
complaint allegations or the infom1ation obtained during the investigation. and it must be
consistent with applicable regulations. Additional infom1ationabout this voluntary resolution
process may be found in the publication ..OCR Complaint Processing Procedures,'' which was
enclosed with OCR's previous letter to you, acknowledgingyour complaint. This infomiation is
also on OCR' s website at !illP.://www2.ed.gov/abou1/offices/list/ocr/compiaints-how.htmi.
Please be advised that the School may not harass. coerce, intimidate. or discriminate against any
individual because he or she has filed a complaint or participated in the complaint resolution
process. If this happens, the individual may file another complaint alleging such treatment.
Under the Freedom of lnfon11ationAct. it may be necessary to release this document and related
correspondenceand 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 infomrntion. which. if
released. could reasonably be expected to constitute an unwarranted invasion of personal
privacy.
If you have any questions. please contact Alexander Artz. Compliance Team Attorney. at (646)
428-3901 or alcxander.artzCZi
cd.gov; Marykate o·Neil , Compliance Team Attorney. at (646)
428-3814 or marvkate.oneilwkd.go": or me. at (646) 428-380I or nadja.r.allen.gill(q)cd.gov.
Sincerely,

cc:
(b}(7)(C)

 l ':\ITED

ST .\TE S l>t:PART !\lENT OF ED l'CAT IO:'\
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April 28. 2017
Dr . Andrew Hamilton
President
New York University
70 Washington Square South
New York, New York 10012
Re:

Case No. 02-17-2085
New York University School of Medicine

Dear President Hamilton :
On December 20. 2016 , the U.S. Department of Education, Office for Civil Rights (OCR) received the
above-referenced complaint filed against the New York University (NYU) School of Medicine (the
School). The complainant alleged that the School failed to respond promptly and equitably to the report
and as a result . she was subjected to a sexually hostile
of sexual assault that she made on l<bl(7)(C)
environment. OCR has detennined that it will investigate the allegation .

I

OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX ). as
amended. 20 U.S.C. § 168 I et seq .. and its implementing regulation at 34 C.F.R. Part I 06, which
prohibit discrimination on the basis of sex in any education program or activity receiving financial
assistance from the U.S. Department of Education (the Department) . The School is a recipient of
financial assistance from the Department. Therefore . OCR has jurisdictional authority to investigate this
complaint under Title IX.
Because OCR has determined that it has jurisdiction and that the complaint was filed in a timely mann er.
it is opening the allegation for investigation . Please note that opening the allegation for investigation in
no way implies that OCR has made a determination with regar<l to its merit. 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 investigation is legally sufficient
and is dispositi ve of the allegation , in accordance with the provisions of Article Ill of OCR's Case
Processing Manual.
Enclosed is a document entitled , "OC R Complaint Processing Procedures." This document will provide
you with an overview of OcR·s complaint evaluation , investigation. and resolution process . OCR will
collect only material needed to investigate this complaint and will take all proper precaution s to protect
the identit y of any individual s named in document s.

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 Page 2 of 5 - Case No. 02-17-2085
To facilitate ocR·s efforts to investigate this complaint, OCR requests that, within twenty (20) days
from the date of this letter, you provide to OCR the infom1ation listed on the enclosed data request. The
regulation implementing Title IX. at 34 C.F.R. § 106.81, incorporates by reference 34 C.F.R. § 100.6(b)
and (c) of the regulation implementing Title vr of the Civil Rights Act of 1964. 42 U.S.C . § 2000d et
seq .. which requires that a recipient of federal financial assistance make available to OCR infom1ation
that may be necessary for it to determine whether a recipient is in compliance with the regulations it
enforces. This infonnation is also heing requested pursuant to 34 C.F.R. § 99.3l(a)(3)(iii).
OCR ·s goal is the prompt and appropriate resolution of the allegations contained in a complaint. OCR
offers. when appropriate. an Early Complaint Resolution (ECR) process , similar to mediation. to
facilitate the voluntary resolution of complaints by providing an early opportunity for the parties
involved to resolve the allegation(s) . Some information about the ECR process is in the enclosure to this
website at
letter entitled . ·'OCR Complaint Proces sing Procedure s," and on OCR·s
http ://ww,,v2.cd.gov /abou t/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 resolve the complaint. In such cases. OCR ohtains a resolution
agreement signed by the recipient. This agreement must he aligned with the complaint allegations or the
infonnation obtained during the investigation. and it must be consistent with applicable
regulations. Additional information about this voluntary resolution process may be found in the
enclosure entitled , '' OCR Complaint Processing Procedures." and on OCR's website at
http://v,r\vw2.ed.go v/about/oflice s/list/ocr /cornplaint s-how.html.
Please be advised that the School may not harass . coerce , intimidate. or discriminate against any
individual because he or she has filed a complaint or participated in the complaint resolution process. If
this happens , the individual ma y file another complaint alleging such treatment.
UnJer the Freedom of lnfom1ation 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 infonnation , which. if released. could
reasonably be expected to constitute an unwarranted invasion of personal priva cy.
OCR staff will contact you within twenty (20) days of the date of this letter to discuss the complaint
resolution process.
In the interim , if you have any questions. please cont act Alexander Artz.
Compliance Team Attorney. at (646) 428-3901 or alcxander.art zl@ed.gov: Mar ykatc O'Neil.
Compliance Team Attorney. at (646) 428-3814 or marykatc.oneil @ed.gov: or me. at (646 ) 428-3801 or
nadja.r.a llen .gill@.cd.gov.

 Page 3 of 5 - Case No. 02-17-2085
Data Request

Case No. 02-17-2085
New York University (NYU)
School of Medicine (the School)
(b)(7)(CJ
the com lainant)

l

Due Date:

I

(bl(7 J(AJ

Please provide the folloiring items for ucademic years 20/-1-2015, 2015-20/6 , and 20/6-2017 unless
other11'ise indicated, or state in writing whether any requested material does not exist: 1
(b)(7)(A)

 Page 4 of 5 Case No. 02-17-2085

 



 

 

 

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