UN ITED S TAT ES DEPARTM ENT OF ED U CATIO N
OFFICE FOR CIVIL

RI GHTS

32 OLD SLIP. 26m FLOOR
NEW YOR K . NEW YO RK 10005

TI M OTIIY C . J. BL A N C H A RD
D IRECTO R
NEW YO RK OFFICE

July 17, 2017
(b)(6); (b)(7(C)

Re:

Case No. 02-17-2391
State University of New York at Delhi

Dear

l<b)(6) ; (b)(7(C)

I:

On l<bl(5); (b)(? (C )
!the U.S. Department of Education , Office for Civil Rights (OCR) received
the above-referenced complaint you filed against the State University of New York at Delhi (th e
University). You alleged that the University discriminated against your client (the Student). on
the basis of his sex , b failin to respond appropriately to a complaint of sexual assault made
OCR has determined that the allegation is appropriate for
against him on (b)(6 ); (b)(? (C)
investigation.
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 l 06, which
prohibit discrimination on the basis of sex in programs and activities receiving financia l
assistanc e from the U.S. Department of Education (the Depa11ment). The University is a
recipient of financial assistance from the Department.
Therefore , OCR has jurisdictional
authority to investigate this complaint under Tit le IX.
Because OCR has determined that it has jurisdiction and that the allegation was filed in a timely
manner , it is opening the allegation for investigation. Please note that open ing the allegation for
investigation in no way implies that OCR has made a determination with regard to their merits.
During the investigation , OCR is a neutral fact-finder, collecting and analy zing relevant evidence
from the complainant , the recipient , and other sources , as appropriate. OCR will ensure that its
investigation is legally sufficient and is dispositive of the allegation , in accordance with the
provisions of Article III of OCR ' s Case Processing Manua l.
OCR ' s goal is the prompt and appropriate resolution of the allegations contained in a
complaint. OCR offers , when appropr iate , an Early Comp laint Resolution (ECR) process ,
similar to mediation , to facilitate the vo luntary reso lution of complaints by providing an early
opportunity for the parties invo lved to resolve the allegation(s).
Some information about the

The Departm em of Education's mission is to pr omote student achievement and pr eparati on fo r g lobal competiti veness by
fos tering edu cational excellence and ens uring equal access.

 Page 2 of 2 -!

{b)(5); (b)(?(C)

ECR process is in the letter entitled , "OCR Complaint Processing Procedures," which was
formerly provided to you with the Jetter acknowledging your complaint , and is available 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 resolve the complaint. In such cases , OCR
obtains a resolution agreement signed by the recipient. This agreement must be aligned with the
complaint allegations or the information 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 to the letter formerly provided to you \.Vith the letter
acknowledging your complaint entitled , "OCR Complaint Processing Procedures. " and is
available on OCR ' s website at http://www2.ed.uov/about/offices/list/ocr/complaints-how.htm1.
Please be advised that the University 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 a complaint alleging such treatment.
Under the Freedom of Infom1ation 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 wi 11
seek to protect , to the extent provided by law, personally identifiable infonnation that , if released ,
could reasonably be expected to constitute an unwarranted invasion of personal privacy.
OCR staff will contact you to discuss the allegation 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.pl'cff er(@ed.gov; or R. Colin Power , Compliance Team
Attorney, at (646) 428-3832; or r.colin .power@ecl.gov.
Sincerely,

Anna Moretto Cramer
Compliance Team Leader

 UNITED

STATES

DEPARTMENT

OF EDUCATION

OFF I CE FO R C I V IL RI G HTS
32 OLD SLI P, 26 m FLOO R
NEW YO RK, NE W YOR K 10005

C . J. BLA N CHARD
DIR ECTOR
NEW YO RK OFF ICE

TIMOTHY

July 17, 2017
Dr. Michael R. Laliberte
President
State University of New York at Delhi
454 Delhi Drive
Bush Hall , Room 133
Delhi , New York 13753
Re:

CaseNo.02-17-2391
State University of New York at Delhi

Dear Dr. Laliberte:
the U.S. Department of Education , Office for Civil Rights (OCR) received
On (b)(6); (b)(7(C)
the a ove-re erenced complaint filed against the State University of New York at Delhi (the
University). The complainant alleged that the University discriminated against a student (the
Student) , on the basis of his sex b failing to respond appropriately to a complaint of sexual
OCR has determined that the allegation is
assault made against him on {b)(5); (b)(?(C)
appropriate for investigation .
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 University
is a recipient of financial assistance from the Depa11ment. 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 liled 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 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 investigation is legally sufficient and is dispositive of the allegation , in
accordance with the provisions of Article III of OCR ' s Case Processing Manual.

Tire Depar1111
e111of Education 's miss ion 'is to promot e s111d
e111achievement and pr eparation for g lobal co mp etitiv eness by
fo s tering edu cation al exce llence and ens uring equal access.

 Page 2 of 6 - Michael R. Laliberte, President
Enclosed is a document entitled
provide you with an overview
process. OCR will collect only
proper precautions to protect the

"OCR Complaint Processing Procedur .es." This document will
of OCR's complaint evaluation, investigation and resolution
material needed to investigate this complaint and will take all
identity of any individuals named in documents.

To facilitate OCR's efforts to investigate this complaint, OCR requests that, within twenty (20)
days of the date of this letter, you provide to OCR the information listed on the enclosed data
request. The regulation implementing Title IX, at 34 C.F.R. § 106. 71, incorporates by reference
the regulation implementing Title VI of the Civil Rights Act of 1964, at 34 C.F.R. § I 00.6 (b)
and (c), which requires 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 information is also being requested pursuant to 34 C.F.R. §
99.31 (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). Som e 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.gov/about/offices/1ist/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
obtains a resolution agreement signed by the recipient. This agreement must be aligned with the
complaint allegations or the information 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://www2.ed.!!ov/about/offices/list/ocr/complaints-how.html.
Please be advised that the University 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 a complaint alleging such treatment.
Under the Freedom of Information 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 constitute an unwarranted invasion of personal privacy.

 Page 3 of 6 - Michae l R. Laliberte , President

OCR will contact you within twenty (20) days to discuss the allega tion and the complaint
resolution process. In the interim , if you have any questions, please contact Janet Pfeff er,
Se nior Equa l Opportunit y Specialist , at (646) 428-3833 or ianct.pfcf "terni)ed.u.ov; or R. Co lin
Pow er, Comp lianc e Team Attorney , at (646) 428-3832 or r.colin.powcr @cd .gov.
Sincerely,
(b)(6) ; (b)(7(C)

Anna Moretto Crame r
Co mpliance Team Leader

Encl.

 Page 4 of 6 - Michael R. Laliberte , President

Data Request
OCR Case No. 02-17-2391
State University at Delhi (the University)
(b)(7)(A)

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