UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 400 MARYLAND AVENUE, SW WASHINGTON, DC 20202-1475 REGION XI NORTH CAROLINA SOUTH CAROLINA VIRGINIA WASHINGTON, DC August 11, 2017 Dr. Richard H. Brodhead President Duke University 207 Allen Building, Box 90001 Durham, North Carolina 27708 Re: OCR Complaint No. 11-17-2024 Administrative Closure Letter Dear Dr. Brodhead: On December 21, 2016, the U.S. Department of Education, Office for Civil Rights (OCR) notified you that we opened an investigation into a complaint filed on October 17, 2016 against Duke University (the University). The complainant filed the complaint on behalf of a student (the Student) at the University. The complaint alleged that the University discriminated against the Student on the basis of sex. Specifically, the complaint alleged that the University failed to promptly and equitably respond to the Student’s complaint of sexual violence against a member of the XXXX (the Team) filed on XXXX, as well as incidents of retaliatory harassment by Team personnel between XXXX; and, as a result, the Student was subjected to a sexually hostile environment. 1 OCR enforces Title IX of the Education Amendments of 1972 (Title IX) and its implementing regulation at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in any program or activity receiving Federal financial assistance from the Department. The laws enforced by OCR prohibit retaliation against any individual who asserts rights or privileges under these laws or who files a complaint, testifies, or participates in an OCR proceeding. Because the University receives Federal financial assistance from the Department, OCR has jurisdiction over it pursuant to Title IX. Under Section 110 of OCR’s Case Processing Manual, OCR may close a complaint when a complainant withdraws the complaint during the course of an investigation, and the investigation does not raise systemic issues that warrant the continuation of the investigation. The Student notified OCR in a letter received on August 4, 2017, that she wishes to withdraw the complaint, which the complainant supports in her role as counsel to the Student. 2 OCR has determined that the closure of the complaint is appropriate. 1 The complainant stated that the University issued its final determination regarding the Student’s complaint on XXXX. 2 The Student also copied the complainant and the University on her letter to OCR. The Student stated that she wishes to withdraw her complaint because XXXX; she was able to reach a satisfactory resolution of her complaint The Department of Education’s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. www.ed.gov Page 2 – OCR Complaint No. 11-17-2024 Please be advised that the University must not harass, coerce, intimidate, discriminate, or otherwise retaliate against an individual because that individual asserts a right or privilege under a law enforced by OCR or files a complaint, testifies, or participates in an OCR proceeding. If this happens, the individual may file a retaliation complaint with OCR. Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request. If OCR receives such a request, we will seek to protect personally identifiable information that could reasonably be expected to constitute an unwarranted invasion of personal privacy if released, to the extent provided by law. If you have any questions, please contact the OCR attorney assigned to this complaint, Jeanette Tejada Bustos, at (202) 453-6084 or jeanette.tejadabustos@ed.gov. Sincerely, /S/ Letisha Morgan Team Leader District of Columbia Office Office for Civil Rights cc: XXXX XXXX directly with the University; and, she wishes to move on. Therefore, the Student stated that proceeding with the investigation of her OCR complaint would “not be in [her] best interest.”