UNITED STATES DEPARTMENT OF EDUCATION ?56'0" OFFICE FOR ?1er means 135%: row 500 MADISON sr., sun 13 I475 MINNESOTA CHICAGO. 11. 6066 1-4544 NORTH DAKOTA WISCONSIN February 3, 2016 Dr. Robert Zimmer President University of Chicago 5801 S. Ellis Ave. Suite 501 Chicago, Illinois 60637 Re: OCR Docket 05?15-2437 Dear President Zimmer: This is to notify you that the US. Department of Education (Department), Of?ce for Civil Ri .R as received and evaluated the above-referenced complaint led with OCR on against the Univeisity of Chicago (University) alleging discrimination on the basis of sex We conducted the evaluation In accordance with OCR 3 Case Manual to determine whether to open the complaint for investigation. Speci?cally the comp] N- the University failed to provide a p1 ompt and Non CS OHSIVC equitable reaponse to a eport that a Non Responsive lNon Responsive INon Responsive allegation raises the issue of whether, upon notice of Student N?n R?5P?miv? eport of possible sexual assault committed by a University student, the University met its obligation under Title IX of the Education Amendments of 1972 to determine whether a hostile environment existed in its program or activities. OCR is responsible for enforcing Title IX of the Education Amendments of 1972, 20 U.S.C. 1681-1688, and its implementing regulation, 34 CPR. Part 106. Title IX prohibits discrimination on the basis of sex in any education program or activity Operated by a recipient of Federal financial assistance. Title IX also prohibits retaliation. As a recipient of Federal ?nancial assistance from the Department, the University is subject to the provisions of Title IX. Accordingly. OCR has jurisdiction over this complaint. Because OCR has determined that it has jurisdiction and that the complaint was ?led timely. it is opening the allegations for investigation. Please note that Opening allegations 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-?nder, collecting and analyzing relevant evidence ?om the complainant, the recipient, and other sources, as appropriate. The Department of Education's mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. wwv.=.ed.g0v Page 2 OCR will ensure that its investigation is legally suf?cient and is dispositive of the allegations. in accordance with the provisions of Article Ill of the Case Processing Manual. In addition, when appropriate, a complaint may be resolved before the conclusion of an investigation if the recipient expresses to OCR an interest in resolving the allegations and OCR determines that it is appropriate to resolve the allegations with an agreement during the course of the investigation. In such cases, a resolution agreement signed by the recipient and submitted to OCR must be aligned with the complaint allegations or the information obtained during the investigation and it must be consistent with applicable regulations. Information about this is in the enclosure to this letter. Please read the enclosed document entitled Complaint Processing Procedures,? which includes information about: 0 Regulatory prohibitions against retaliation and intimidation of persons who tile complaints with OCR or participate in an OCR investigation; and 0 Application of the Freedom of Information Act and the Privacy Act to OCR investigations. OCR intends to 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 Federal ?nancial assistance make available to OCR information that may be pertinent to a compliance determination. Pursuant to 34 C.F.R. 100.6(c) and 34 C.F.R. ofthe regulation implementing the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g, OCR may review personally identi?able records without regard to considerations of privacy or con?dentiality. OCR notes that you previously provided information relevant to this case in connection with investigation of OCR Docket 05-13-2373. Thank you for your cooperation in this matter. OCR may need to request additional information and interview pertinent personnel. If an on-site visit is necessary, we will work to schedule a mutually convenient time for the 1/1512. Please notify OCR of the name, address, and telephone number of the person who will serve as the District?s contact person during the processing of this complaint. We would like to talk with this person as soon as possible to discuss the processing of this complaint and we will, at that time, identify the Complainant. Page 3 If you have any questions, please contact Patrick Alexander, Attorney, at 312-730?1716 or by email at Patrick.Alexanderr?g?ed.uov. Sincerel Karen Mines Chief Attorney Enclosure UNITED STATES DEPARTMENT OF EDUCATION REGION ILLINOIS OFFICE FOR CIVIL RIGHTS INDIANA IOWA 500 WEST MADISON SUITE I475 MINNESOTA CHICAGO, IL 60661-4544 NORTH DAKOTA wnconsm February 3, 2016 Non Responsive Re: OCR Docket 0545-2437 Non Responsive Dear This is to notify you that the US. Department of Education (Department), Of?ce for Civil Ri OCR has received and evaluated the above-referenced complaint ?led with OCR on against the University of Chicago (University) alleging discrimination on the basis of sex. We conducted the evaluation in accordance with Case Processing Manual to determine whether to open the complaint for investigation. Speci?cally, the complaint asserts that the University failed to provide a prompt and C?llil'nhlf? tn \mI Ir plipn?r? Non Responsrve Non Responsrve Non Responsive \Ion Responsive I This allegation raises the issue of whether. upon notice of your [report of possible sexual assault committed by a University student, the University met its obligation under Title IX of the Education Amendments of 1972 to determine whether a hostile environment existed in its program or activities. OCR is responsible for enforcing Title IX of the Education Amendments of 1972. 20 U.S.C. 1681-1688, and its implementing regulation, 34 C.F.R. Part 106. Title IX prohibits discrimination on the basis of sex in any education program or activity operated by a recipient of Federal ?nancial assistance. Title IX also prohibits retaliation. As a recipient of Federal financial assistance from the Department, the University is subject to the provisions of Title IX. Accordingly, OCR has jurisdiction over this complaint. Because OCR has determined that it has jurisdiction and that the complaint was ?led timely, it is opening the allegations for investigation. Please note that Opening allegations 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-?nder, collecting and analyzing relevant evidence from the complainant, the recipient, and other sources, as appropriate. The Department of Education?s missioo is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. Page 2 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 addition, when appropriate, a complaint may be resolved before the conclusion of an investigation if the recipient expresses to OCR an interest in resolving the allegations and OCR determines that it is appropriate to resolve the allegations with an agreement during the course of the investigation. In such cases, a resolution agreement signed by the recipient and submitted to OCR must be aligned with the complaint allegations or the information obtained during the investigation and it must be consistent with applicable regulations. Information about this is in the enclosure to this letter. Please read the enclosed document entitled Complaint Processing Procedures," which includes information about: 0 Regulatory prohibitions against retaliation and intimidation of persons who file complaints with OCR or participate in an OCR investigation; and 0 Application of the Freedom of information Act and the Privacy Act to OCR investigations. If you have any questions, please contact Patrick Alexander, Attorney, at 312-730-1716 or by email at PatricleAlexander-TZECd.gov. Chief Attorney Enclosure