UNITEDSTATESDEPARTMENTOF EDUCATION
OFFICE FOR CIVIL RIGHTS
500 WEST MADISON ST., SUITE 1475
CHICAGO, IL 60661-4544

REG!ONV
ILLINOIS
INDIANA
IOWA
MINNESOTA
NORTH DA KOTA
WISCONSIN

July 10, 2017
(b)(6); (b)(?(C)

Re: OCR Docket #05-17-2275
(b)(6); (b)(7(C)

Dem
This is to notify you that the U.S. Department of Education (Department), Office for Civil Rights
(OCR), has carefully evaluated the above-referenced co
·
lectronically against
Ball State University (University), which OCR receive (bl (5); (b)(?(C)
alleging
discrimination on the bases of sex and disability. We conducted the evaluation in accordance
with OCR's Case Processing 1Hanualto determine whether to open the complaint for
investigation. We have determined that we have the authority to investigate this complaint.

Specifically, the complaint afleges the following:
I. The University subjected you (Student A) to discrimination based on sex in l<bl (5); (b)(?(C)
by failing to respond appropriately to a report that Student A had been subjected to sexual
assault by a male student (Student B);
') The Umvers1ty
.
. su b..1ected S tu d ent A to d.1scmmnat1on
. . . base d on sex m
. (b)(5); (b)(?(C) b ,
imposing on him at the request of a female student (Student C) (bl (6); (b)(?(C)
"----;:;;::;:;:;;::;::::;;::::;::;;;:;:;;:;===-,
(b)(6); (b)(?(C)
• h Student C but not rantin
Student A's request !(b)(6); (b)(7(C)
(b)(5); (b)(?(C)

Student C

and
5); (b)(?
3. The Univer~itv subjected Student A to discrimination based on disabilitvl~';,)
_(
(b)(5); (b)(?(C)

I

(b)(6); (b)(7(C)

OCR is responsible for enforcing Section 504 of the Rehabilitation Act of 1973 (Section 504 ). 29
U.S.C. § 794, and its implementing regulation, 34 C.F.R. Part 104, and Title II of the Americans
with Disabilities Act of 1990 (Title II), 42 U.S.C. § 12132- 12134, and its implementing
regulation, 28 C.F.R. Part 35. Section 504 prohibits discrimination on the basis of disability by
recipients of Federal financial assistance from the Department, and Title 11prohibits
discrimination on the basis of disability by public entities. OCR is also responsible for enforcing
Title IX of the Education Amendments of I 972 (Title IX), 20 U.S.C. §§ 1681-1688, and its
implementing regulation at 34 C.F.R. Prut 106, which prohibits discrimination based upon sex in
any educational program or activity operated by a recipient of Federal financial assistance. As a

The Department of Education's mission is to promote student achievement and preparation for global competitiveness
by fostering educational excellence and ensuring equal acce.ss.
www.cd.gov

 (b)(6); (b)(7(C)

Page 2
recipient of Federal financial assistance from the Department and a public entity, the University
is subject to these Laws.
Because OCR has determined that it has jurisdiction and that the complaint was filed timely, it is
opening the allegations for investigation. Please note that opening the allegations for
investigation in no way implies that OCR has made a dete1minationwith regard to their 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 allegations, in accordance with the
provisions of Article III of the Case Processing Manual.
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, 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.
We will communicate with you periodically regarding the status of your complaint. If you have
any questions, please contact Ms. Camille D. Lee, Civil Rights Attorney at 312-730-1561 or by
email at camille.lee@ed.gov.

J · -reyTurnbull
v

Enclosure

Team Leader

 REGIONV

UNITED STATES DEPARTMENTOF EDUCATION

lLL!NO!S

OFFICE FOR CIVIL RIGHTS

INDIANA
IOWA
MINNESOTA
NORTH DAKOTA
WISCONSIN

500 WEST MADISON ST., SUITE 1475
CHICAGO, IL 60661-4544

Julyl0,2017
Mr. Geoffrey Mearns
President
Ball State University
Administration Building, Room 101
Muncie, IN 47306
Re: OCR Docket #05-17-2275
Dear Mr. Mearns:
This is to notify you that the U.S. Department of Education (Department), Office for Civil Rights
(OCR), received and evaluated the above-referenced complaint! <b)(6); (b)(?(C)
ag~inst
Ball State University (University) alleging discrimination on the bases of sex and disability. We
conducted the evaluation in accordance with OCR's Case ProcessingManual to determine
whether to open the complaint for investigation. We have determined that we have the authority
to investigate this complaint.

I

Specifically, the complaint alleges the following:
1. The University subjected a male sn1dent(Student A} to discrimination based on sex in
f<b)(6); (b)(?(C) by failing to respond appropriately to a report that he had been subjected to
sexual assault by a male student (Student B);

I

2. The University subjected Student A to discrimination based on sex in (b)(6); (b)(7(C) b ·
imposing on him at the request of a female student (Student C)L.<b_l<_6l_; <_b)-<;7~<C
;:;)~~~===,
(b)(6); (b)(7(C)
• h Student C but not rantino Student A's re!=J.uest
!(b)(6); (b)(?(C)
(b)(6); (b)(7(C)
Student C (b)(6); (b)(7(C)
and
3. The Universitv subiected Student A to discrimination based on

disabilitvl

~~l<5); (b)

I

(b)(6); (b)(7(C)

OCR is responsible for enforcing Section 504 of the Rehabilitation Act of 1973 (Section 504), 29
U.S.C. § 794. and its implementing regulation, 34 C.F.R. Part I 04, and Title II of the Americans
with Disabilities Act of 1990 (Title II), 42 U .S.C. § 12132 - 12134, and its implementing
regulation, 28 C.F.R. Part 35. Section 504 prohibits discrimination on the basis of disability by
recipients of Federal financial assistance from the Department, and Title II prohibits
discrimination on the basis of disability by public entities. OCR is also responsible for enforcing
Title IX of the Education Amendments of 1972 {Title IX)i 20 U.S.C. §§ 1681-1688, and its
implementing regulation at 34 C.F.R. Part 106, \:vhich prohibits discrimination based upon sex in
The Departmentof 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 - Mr. Mearns
any educationa l program or activity operated by a recipient of Federal fina ncial ass istance. As a
recip ient of Federal financ ial assistance from the Department and a public entity , the Un iversity
is subject to these Jaws. Additiona l information about the laws OCR enforces is ava ilable on our
website at http ://v./\:vw.ed.gov/ocr .
Because OCR has determined that it has jurisdiction and that the complaint was filed timely , it is
opening the allegations for investigation. Please note that opening the allegations for
investigation in no way imp lies that OCR has made a detern1inat ion with regard to their merits .
During the investigation , OCR is a neutra l fact -finder, co llect ing and ana lyzing relevant evidence
from the co mplainant , the recipient, and other sources , as approp riate . OCR w ill ensure that its
investigation is legally suffic ient and is dispositive of the allegations , in accordance w ith the
provisions of Artic le Ill of the Case Processin g Manual.
When appropr iate, a complaint may be resolved before the conc lusion of an investigation after
the recipient expresses an interest to OCR to resolve the complaint. In such cases , a resolution
agreement signed by the rec ipient and submitted to OCR must be aligned with the complaint
allegat ions or the information obtained dur ing the investigation and it must be consistent with
app licable regulations . Information about this is in the enclosure to this letter.
Please read the enclosed document entit led "OCR Complai nt Processing Procedures ," whic h
inc ludes information abo ut:
•
•
•

OCR 's complain t processing proce dure s~
Regu latory prohibitions against retaliation and intimidation of persons who file
comp laints with OCR or participate in an OCR investigation ; and
Application of the Free dom of Information Act and the Pr ivacy Act to OCR
investigations.

OCR intends to conduct a prompt investigation of this comp laint. The regu lation implementing
Title VI of the Civil Rights Act of 1964 at 34 C.F.R. § 100.6 (b) and (c) requires that a recipient
of federal financial assistance make avai lable to OCR information that may be pert inent to a
complianc e determination. This requirement is incorporated by reference in the regulation
implementing Title IX at 34 C.F.R. § 106.71 and in the Section 504 regul ation at 34 C.F .R .
§ 104.61. Under the Title II regulation at 28 C.F.R. § 35. 171 (a)(3), OCR uses its Section 504
procedure s to invest igate Title If complaints . Pursuan t to 34 C.F .R. § 100.6(c ) and 34 C.F .R. §
99.3 l(a) (3) (iii) of the reg ulatio n implementing the Family Educational Rights and Privacy Act
(FE RPA ), 20 U .S.C. § 1232g, OCR may review personall y iden tifiabl e records without regard to
considerations of privacy or confidentiality.
(b)(7)(A)

 Page 3 Mr. Meams

 



 

 

 

Page: 4 Mr. Maams

 



 

 

 

Page 5 Mr. Mearns

 



 

 

 

Page 6 - Mr. Mearns
(b)(7)(A)

Thank you for your cooperation in this matter. In addition to the information requested above,
OCR may need to request additional infonnation and interview pertinent personnel. If an on-site
visit is necessary, we will work to schedule a mutually convenient time for the visit.
Please notify OCR of the name, address, and telephone number of the person who will serve as
the University's contact person during the processing of this complaint. We would like to talk
with this p~rson as soon as possible to discuss the processing of this complaint and at that time,
we will provide the identity of Student A, Student B, and Student C.
OCR is committed to prompt and effective service. If you have any questions, please contact Ms.
Camille D. Lee, Civil Rights Attorney at 312-730-1561 or by email at camille.lee@ed.gov.

(b)(6); (b)(7(C)

f/Je · rey Turnbull
Team Leader
Enclosure