UNITED STATES DEPARTM ENT OF EDUCATION REGIO N VI OFFICE FOR CIVIL RIGHTS LOUISIANA MISSISSIPPI 1999 BRYAN STREET, SU ITE 1620 ARKANSAS TEXAS DALLAS, TEXAS 75201-6831 Julyll ,2 017 (b)(6); (b)(7(C) RE: Dear l~~ ,<6);(b)(7 OCR Case No. 06172067 Texas A & M University !: On (b)(5); (b)(?(C) the U.S. Department of Education (Department), Office for Civil Rights (0 a as ice, received the above-referenced complaint against Texas A & M University (the University) , College Station, Texas. The complaint alleges that the University discriminated against your client on the basis of his sex (male), in violation of Title IX of the Education Amendments of 1972 (Title IX), 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. Specifically, you alleged that your client (Student) was discriminated against on the basis of his sex after a complaint of sexual violence/harassment was filed against the Student and an investigation of the complaint and subsequent hearin was conducted by the University's Student Conduct Panel, on (b)(6) ; (b)(7(CJ and appealed on (b)(6); (b)(7(CJ during which the Panel did not allow the Stu ent an equa opportunity to provide witness testimonies and the submission of character evidence on his behalf l that resulted in the Student being suspended and !(b)(5); (b)(?(C) OCR is responsible for determining whether organizations that receive or benefit from Federal financial assistance from the Department are in compliance with the applicable portion of Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 U .S.C. §§ 1681 et seq., and its implementing regulations at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex. OCR determined that the University is a recipient of federal financial assistance from the Department. Therefore, OCR has jurisdictional authority to process this complaint for resolution under Title IX. Because OCR has determined that it has jurisdiction and that the complaint was filed timely, it is opening the allegation. Please note that opening an investigation pertaining to this allegation in no way implies that OCR has made a determination with regard 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 dispositive of the allegation, in accordance with the provisions of Article III of OCR ' s Case Processing Manual. OCR has determined that it will open the following issue for investigation: The Depa rtm ent of Education's mission is to promote stu dent achievement and preparation for globa l competit iveness by fostering ed ucationa l excellence and ensuring equ al access. www.ed.gov Page 2 - !(b)(6); (b)(7(C) Whether the University failed to respond promptly and equitably to a sexual harassment complaint (i.e., alleged sexual violence) filed against the Student in June 2016, or otherwise discriminated against the Student on the basis of sex in its handling of the sexual harassment complaint filed against the Student, in vio lation of Title IX, at 34 C.F.R. §§ 106.8 and 106.31. Under OCR procedures, we are obligated to advise the institution against which a complaint has been filed that intimidation or retaliation against a complainant is prohibited by regulations enforced by this agency. Specifically, the regulations enforced by OCR, directly or by reference, state that no recipient or other person shall intimidate , threaten, coerce or discriminate against any individual for the purpos e of interfering with any right or privilege secured by regulations enforced by OCR or because an individual has made a complaint, testified , assisted or participated in any manner in an investigation, proceeding or hearing held in connection with a complaint. 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, which, if released, could reasonably be expected to constitute an unwarranted invasion of personal privacy. I am the investigator who has been assigned to assist you in the resolution of this complaint, and I will be contacting you in the near future to discuss this case. Meanwhile, if you have any questions regarding this letter , please contact me by telephone at (214) 661-9649 or at Patricia .sinanan (a)ed .gov, or you may contact my supervisor, Ms. Adriane Martin, at (214) 6619678 or at Adriane.Martin@ed.gov. Patricia I. Sinanan Seni&l