UN I TE O ST A TES DE PARTME NT OF EDU CAT IO N
OFFICE FOR CIV IL RIGHTS
32 OL D SLI P. 26TH FLOOR
NEW YORK. NEW YORK I 000:i

TI M OT H Y C. .J. BLANC H A R D
D ! RECTOR
NEW YORK OFFICE

May 23, 2011
David E. Van Zandt
President
The New School
66 West 12thStreet
New York, New York 10011
Re:

Case No. 02-11-2094
The New School

Dear President Van Zandt:
On April 5, 2011, the U.S. Department of Education, New York Office for Civil Rights (OCR)
received the above-referenced complaint filed against the New School (the University). The
complainant alleged that the University discriminated on the basis of sex and engaged in
retaliation. Specifically, the complainant alleged that the University failed to respond
appropriately to the complaint of sexual assault that she made on or about February 17, 2011
(Allegation 1). The complainant also alleged that in retaliation for her sexual assault complaint,
University staff delayed delivery of her mail from approximate ly February 2011 through May
2011 (Allegation 2). In addition, the complainant alleged that the University's policy for
responding to complaints of sexual assault is not equitable, as it permits the accused individual
but not the complainant the right to appeal the outcome of a hearing in a sexua l assault case
(Allegation 3). She also alleged that the University fails to adequately publish its procedure for
responding to sexual assaults (Allegation 4). Finally, the complainant further alleged that the
University fails to respond appropriately to complaints of sexual assault (Allegation 5). OCR
has determined that it will investigate the complainant's allegations .
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 Department. Therefore , OCR has jurisdictional
authority to investigate this complaint under Title IX.
The regulation implementing Title IX, at 34 C.F .R. § 106.71, incorporate s by reference 34
C.F.R. § I00 .7(e) of the regulation implementing Title VI of the Civil Rights Act of 1964, 42
U.S.C. § 2000d et seq., which provides that:

The Department of Education's mission is to promote student achievement and pr eparati on f or g lobal competitiveness by
f ostering educationa l exc ellence and ensuring equal access .

 Page 2 of 7 - President David E. Van Zandt
No recipjent or other person shall intimidate, threaten, coerce or discrimjnate
against any individual for the purpose of interfering with any right or privilege
secured by regulations enfor ced by OCR or because one has made a complaint,
testified, assisted or participated in any manner in an investigation, proceeding
or hearing held in connection with a complaint.
Because OCR has determined that it has jurisdiction and that the complaint was filed in a timely
manner, it is opening these allegations for investigation. Please note that opening the 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-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 OCR's Case Processin g Manual .
Enclosed please find a document entitled "OCR Complaint Processing Procedures." This
docume nt will provid e you with an overview of OCR's complaint evaluation, investigation and
resolution process. OCR will collect only material needed to investigate this complaint and will
take all proper precautions to protect the identity of any individuals named in documents.
Please submit the information listed on the enclosed data request to OCR within fifteen (15) days
of the date of this letter. The regulation implementing Title VI, at 34 C.F.R. § 100.6(b) and (c),
requires that a recipient of federal financial assistance make available to OCR information that
may be necessary for it to dete1mine whether a recipient is in compliance with the regulations it
enforces. This requirement is incorporated by reference in the regula tion implementing Title IX,
at 34 C.F.R. § 106.71. This infom1ation is also being requested pursuant to 34 C.F.R. §
99.3 l(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) . Some infonnation 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/docs/ocrcpm .html#II.
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
comp laint allegation s 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 enc losure entitled, "OCR Complaint Processin g Procedures," and on
OCR's website at http ://www2.ed.gov /about/offices/list/ocr/docs/ocrcpm .html#III.

It is unlawful to harass or intimidate an individual who has filed a com plaint or participated in
actions to secure protected rights.

 Page 3 of 7 - President David E. Van Zandt
Under the Freedom of Information Act, 5 U.S.C. § 552, it may be necessary to release this letter
and related corresp onde nce and record s upon request. In the event that OCR rece ives such a
request, it will seek to protect , to the extent provided by law, pe rsonal ly identifi able information
that if released, cou ld const itute an unwarranted invasion of personal privacy.
OCR staff will contact you within thirty (30) days of th e date of this letter to discu ss the
complaint resoluti on process. In the interim , if you have any quest ions, please conta ct Miriam
Nunberg, Compliance Team Attorney, at (646) 428-3830 or Miriam.Nunberg@ed.gov; or
Ronald L. Scott, Compli ance Team Att orney, at (646) 428-3820 or Ronald. Scott@ed. gov.

Felice Bowen
Comp liance Team Lead er
Enc.

 ·Page 4 of 7 - President David E. Van Zandt

Data Request
Case No. 02-11-2094
Comp lain ant:

Please provide the following information, or state if any of the requested information does not
exist:
1. A copy of the University's grievance procedures for responding to complaints (oral,
informal, and formal) of sex discrimination, including complaints of sexual harassmen t and
sexual assault. Also provide a copy of the University's sexua l harassment and sexual
assault policies and procedures. If the University does not have a separate policy and
procedure to address sexual harassment and sexual assault complaints , provide the
procedures used to address such complaints.
Provide a deta iled description of the
complaint process, including each level of the process, the length of the process, and the
types of records maintained . State the names and titles of the personnel responsible for
handling each level of the complaint process.

2. Indicate how the policies and procedures referred to in Date Request I are dissemin ated to
students, and employees.

3. If not addressed in the policies and procedures previously requested in Data Reques t I
above, indicate whether the University has a separate entity/unique process for the
investigation and resolution of sexual harassment complaints, as opposed to sexual assault
complaints. If a different process is used depending upon whether the complaint involves
allegations of sexual assault, provide an explanation as to when a complaint would be
addressed by one entity as opposed to the other; whether students have an option to use
either process; and if information is availab le to students and employees regarding the
difterences between each process, includin g remedies and timeframes.
4. The name, title, office addres s, e-n1ail address, and telephone number of the University's
Title IX Coordinator. Indicate the method(s) by which this information is disseminated to
students and employees. Provide copies of all publications/websites that contain this
information.
5. A copy of the University's notice of non-discrimination stating tha t it does not discriminate
on the basis of sex in the educational programs or activities that it operates, including
employment. Indicate how the notice of non-discrimination is disseminated to students and
employees.
6. A copy of the University's Student Code of Conduct and/ or Student Disciplinary Code.
7. A copy of any materials regarding sexual harassment and sexual violence that the
Univers ity distributes to stude nts during orientat ion, the course of their attendance , or upon
the filing of a sexua l harassment or sexual assault complaint.

 Page 5 of 7 - President David E. Van Zandt
8. Provide an explanation of how students and employees at the University are notified where
and how they may file internal grievances regarding sexual harassment and sexual assault;
and infonnation regarding the filing of sexual harassment and sexual assault complaints
with the appropriate state and federal agencies. If this process has changed during the
course of academic year 2010-2011, please note any such changes.
9. Provide the name of and any materials regarding any campus focus groups at the
University consisting of representative leaders from the student community (e.g., women's
groups, athletes, residential assistants, fraternity and sorority leaders, etc.) and University
officials that provide input regarding strategies for ensuring that students: understand their
rights tmder Title IX; understand how to report possible violations of Title IX; and are
aware of the University's obligation to promptly and equitably respond to Title IX
complaints.

10. A description of any sexual harassment and sexual assault awareness training provided to
University staff, including:

a. The date(s) the training was provided;
b. The names and expertise/background of the individuals who provided the training;
c. A description of the content of the training;
d. A list of the names and titles of the individuals who attended the training; and
e. A copy of any materials used during the training.
11. For academic years 2009-2010 and 2010-2011, copies of all written complaints, and
detailed description of any oral complaints, filed with the Title IX coordinator,
administrators, professors, campus police, or any other University employee, alleging
sexual harassment or sexual assault of students or staff at the University. Include copies of
all documentation related to the Student's re.port of sexual assault, made on or about
February 17, 2011.
12. For each grievance or complaint referenced m Data Request 11, above, provide the
following information:
a. The name and title of the individual with whom the complaint or grievance was
filed and/or initially discussed;
b. A description of the procedures employed to investigate the complaint;
c. The name(s) and title(s) of University staff involved in the investigation;
d. A description of any investigation conducted by the University, including a timeline
for when the University completed each step in the investigation;
e. A description of the types of records maintained;
f. A description of all actions taken by the University in response to the concerns
raised, the final outcome of the investigation, an explanation of those findings and
any sanctions, and a description of how such findings were communicated to the
complainant;
g. Copies of all documentation regarding the investigation, including but not limited to
letters, e-mail exchanges, reports, notes, witness statements, campus police reports,

 Page 6 of 7 President David E. Van Zandt
external law enforcement agency records, transcripts, and all documentation related
to any hearing;
h. the evidentiary standard applied by the University to determine the outcome of the
complaint and the accused's request(s) for an appeal; and
1.
Copies of all communications between the University and the complainant or the
accused regarding the complaint.

13. Describe the relationships between the University, its local police precinct, and local rape
crisis centers regarding sexual assault complaints, including whether the University has a
process by which it notifies its local police precinct and local rape crisis center of a sexual
assault complaint, and a description of this process.
State whether the University
collaborates with its local police precinct and local rape crisis center during its
investigation of a sexual assault complaint. Also indicate whether during the pendency of
initial evidence gathering by the police regarding a sexual assault complaint, if the
University provides witnesses with information about their Title IX rights, provides
resources for victims, or takes any interim actions as may be necessary to ensure the safety
of any victims and the campus community. If so, provide documentation evidencing this
and the names and titles of University staff who were involved. Also provide the names
and titles of staff responsible for communicating with the local police precinct and local
rape crisis center regarding sexual assault complaints.
14. State whether the University has designated a contact to be "on-call" to assist victims of
sexual assault. If so, identify this contact, how long this "on~call" system has been in
place, and the procedures of this "on-call" system.
15. Any other publications regarding sexual harassment and/or sexual assault distributed to
students and/or employees at the University that have not been already provided in
response to Data Requests 1-14.

16. A copy of the University's policies and procedures or a description of its practice with
respect to distributing mail to students, including schedules and timeframes for mail
distribution.
17. A copy of the University's policies and procedures or a description of its practice for
responding to requests from students for assistance with locating missing mail items or
delays in mail delivery, including the name(s) and title(s) of the University or other
personnel responsible for responding to such requests.
18. Copies of all internal memoranda, emails, notes, correspondence, telephone logs, and/or
any other documentation, from February 2011 through May 2011, that pertain to the
complainant's request(s) to University staff to provide her with her mail.
19. The name, title, address, telephone number, and email address for the University•s
designated contact person for this complaint.

 Page 7 of 7 - President David E. Van Zandt
20. Any additional information that you believe would be helpful to OCR in its investigation of
this complaint.

 ·uNITED

.STATES UEPARTiV1ENT OF i,;l)UCAT I ON
OFFIC' E FOR CIVIL RIGHTS
'.\2 01.0 SI.IP, 26 ' 11 FLOOR
N f, W YORK. N EW Y ORK I 0005

TIMOTIIY

C . •I. 8LA:'<IC:HAHI>

DIRECTOR
NEW YORK OFFICE

May 23, 2011

Re:

Case No. 02·11-2094
The New School

D
On April 5, 2011, the U.S. Department of Education, New York Office for Civil Rights (OCR)
received the above-referenced complaint you filed against the New School (the lJniversity). You
alleged that the University discriminated on the basis of sex and engaged in retaliation.
Specifically, you alleged that the University failed to respond appropriately to the complaint of
sexual assault that you made on or about February 17, 2011 (Allegation 1). You also alleged that
in retaliation for your complaint of sexual assault, University staff delayed delivery of your n1ail
from approximately February through May 2011 (Allegation 2). In addition, you alleged that the
University's policy for responding to complaints of sexual assault is not equitable, as it pennits
the accused individual but not the complainant the right to appeal the outcome of a bearing in a
sexual assault case (Allegation 3). You also alleged that the University fails to adequately
publish its procedure for responding to sexual assaults (Allegation 4). Finally, you alleged that
the University fails to respond appropriately to complaints of sexual assault (Allegation 5). OCR
has determined that it will investigate these allegations.
OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as
amended, 20 U.S.C. § 1681 fil seq., and its implementingregulation 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. Depa1tment of Education (the Department). The University is a
recipient of financial assistance from the Department. Therefore, OCR has jurisdictional
authority to investigate this complaint under Title IX.
The regulation implementing Title IX, at 34 C.F.R. § 106.71, incorporates by reference 34
C.F.R. § 100.7(e) of the regulation implementing Title VI of the Civil Rights Act of 1964, 42
U.S.C. § 2000d fil seq., which provides that:
No recipient or other person shall intimidate, threaten, coerce or discriminate
against any individual for the purpose of interfering with any right or privilege
secured by regulations enforced by OCR or because one has made a complaint,
testified, assisted or participated in any manner in an investigation, proceeding
or hearing held in connection with a complaint.

TheDepartmentof Education'smission Is 10 promote student achievementand preparationfor global competitivene,,s by
fosrering educationalexcellenceand ensuringequal access.

 -·
Page 2 of2
Because OCR has determined that it has jurisdiction and that the complaint was filed in a timely
manner, it is opening these allegations for investigation . Please note that opening these
allegations for investigation in no way implies that OCR has made a determination ,vith regard to
their merits. During the investigation , OCR is a neutral fact-fmder , collecting and analyzing
relevant evidence from the complainan t, 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 provisio ·ns of Article III of OCR's Case Processing lvfanual.
OCR's goat is the prompt and appropriate resolution of the allegations contained in a complaint.
OCR offers , when appropriate , an Early Compla int Resolution (ECR) proc ess, similar to
mediation, to facilitate the voluntary resolution of complaints by providing an early opportunity
for the part ies involved to resolve the allegation(s). Some information about the ECR process is
contained in the publication entit led, "OCR Comp laint Processing Procedures," wh ich was
enclosed with OCR 's previous letter to you acknowledging your complaint. This infonnation is
also on OCR's \vebsite at http://\vwv.r2.ed.gov/about/offices /list/ocr /docs /ocrcpm.html #Il.
Also, \Vheo appropriate, a complaint 1nay 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 agree1nent must be aligned with the
complaint allegations or the information obtained during the investigation, and it must be
cons istent with applicable regulation s. Additional information about this voluntary resolution
pro cess may be found in the publication "OCR Complaint Processing Procedures," which was
enclosed with OCR's previous letter to you, ackno,vledging your complaint . This information is
also on OCR's ,vebsite at http://www2.ed.gov /about/offices/list/ocr/docs /ocrcp1n.ht1nl#IIJ.
It is unla ,vful to harass or intimidate an individual who has filed a complain t or particip ated in
actions to pres erve protected rights. If this should occur, you may file a separate complaint with
OCR alleging such harassment or retaliation .
Under the Freedom of Information Act, 5 U.S.C. § 552, it may be necessary to release this letter
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 cons titute an unwarranted invasion of personal privacy.
OCR will communicate with you periodically regarding the status of your complaint. If you are
interested. in resolving your complaint through OCR' s ECR process or have any questions, please
contact Miriam Nunberg,
Compliance Team Attorney,
at (646) 428-3830 or
Miriam.Nunberg.0),ed.gov;
or Ronald L. Scott, Compliance Tea.in Attorney, at (646) 428-3820 or
.,
Ronald .Scott{@.ed
.gov .
Sincerely,

Felice Bowen
Compliance Team Leader