U.S. DEPARTMENT OF EDUCA TION
1244 SPEER BLVD., SUITE #310
DENVER , CO 80204-3582
Telephone (303) 844-5695 ; Facsimile (303) 844-430 3; TDD 1-877-521-2172
e-mail: OCR.D ENVER@ed.gov

OFFICE FOR C IVIL RJGHTS
WESTERN DTJ/ISIO N

DENVER OFFICE
A rizo11a, Colo rado, New Mexico, Utalr, Wyomi11g

May 12, 201 1
Dr. Nancy Barce lo, President
Northern New Mexico Co11ege
921 N. Paseo de Ofiate
Espanola, NM 87532
Re:

Northe rn New Mexico Co llege
OCR Case Number: 08-11-2125

Dear President Barcel6:
On May 4, 2011, we received a complaint alleging the College discriminated against a student on
the basis of sex. We have determined that we have the authority to investigate this complaint
consistent with our complai nt procedure s and applicable law.
Specifically , the complainant alleges
1.

2.
3.

4.
5.

The College failed to provide a promp t and equitable resolution for a sexual
harassment complaint made in 2009 (continuin g violation).
The College failed to provide a prompt and equitable resolution for a sexual
harassment complaint made in 20 10 (continuing violation).
The College retaliated against the complainant by: instructing her to attend a face-toface meeting with the student alleged to have sexually assaulted her and two other
students (November 17, 2010); by intim idating and coercing her so she would not file
a sexua l harassment complaint (Nove mber 18, 201 O); by accusing her of cheating and
fai ling her in an organic chemistry course when she did file a sexual harassme nt
complaint (December 6, 20 10); and by coerci ng her not to enroll in CHEM 302/L
(January 7, 20 11).
The College failed to designate a Title IX coordinator.
The College failed to adopt and publish adequate Title TXgrievance procedures.

We are responsible for enfo rcing Tit le IX of the Education Amendme nts of 1972 and its
implementing regulation at 34 Code of Federal Regulations Part 106, which prohibit
discrimination on the basis of sex in educat ion programs and activities that receive Federal
financ ial assistance from the Department. Individuals filing a complaint, participating in an
investigation , or asserting a right under Title IX are protected from intimidation or retaliation by
34 C.F.R. § 106.71, which incorporates 34 C.F.R. § 100.7(e) .

The Department of Education's Mission is to promote student achievement and preparation for global
competitiveness by fostering educationa l excellence and ensuring equal access .

 Page 2 - President Barcelo

As a recipient of Federal financial assistance from the Department , the Co llege is subject to these

Jaws and regulations. Additional information about the laws OCR enforces is available on our
website at http://www .ed.gov/ocr.
Because we have jurisdictio n and the complaint was filed timely, we are opening the allegatio ns
for investigation. Please note that opening the allegatio ns for investigation in no way implies
that we have made a determ ination with regard to their merits. During the investigation , OCR is
a neutral fact-finder, collecting and analyzing relevant evidence from the comp lainant, the
recipient , and other sources, as appropriate. OCR will ensure that its investigation is legally
sufficient and is dispositive of the allegatio ns, in accordance with the provisions of Article (JI of
the Case ProcessingManual.
Please read the enclosed document entitled "OCR Comp laint Processing Procedures " which
includes information about

o OCR's complaint evaluation and resolution procedures;
o

Regulatory prohibitions against retaliation , intimidation and harassment of persons who
file complaints with OCR or participate in an OCR investigation ; and

o

Application of the Freedom of Infonn ation Act and the Privacy Act to OCR
investigations.

We intend to conduct a prompt investigati on of this complaint. 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 pert inent to reach a compliance determination.
This requirement is incorporated by reference in the Title IX regulation at § 106.71. Pursuant to
34 C.F.R. § 100.6(c) and 34 C.F.R. § 99.3 l (a)(3)( iii), of the regulation implementing the Family
Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, OCR may review personally
identifiable records without regard to considerations of privacy or confidentiality.
In order to reach an efficient and timely resolution to this matter, we are prov iding you an
opportun ity to present the College's respo nse to these allegat ions and to submit supporti ng
docume ntation. We have also determined that the information itemized in the enclosed "Data
Request" is necessary to initiate reso lution. We request that this information reach our office as
soon as poss ible but no later than May 27, 2011. If any of the required items are available to the
public on the Internet, you may provide the website address. You may also send documents to us
by email to jim.long @ed.gov or by fax to (303) 844-4303. Beca use ema il is not reliably secure ,
please do not email any document that contains personal ly identifiable or private information.
lf our investigation estab lishes that there has been a violation of law , we will attempt to negotiate
a remedy. If we are unable to secure appropriate remedial action, we must initiate formal
enforcement action by commencing administrative proceedings seeking the termination of
Federal funds to the College or a referra l to the Dep artment of Justice. These enforcem ent

 Page 3 - President Barcelo

procedures will be initiated on ly if a violation is found and then only if we are unable to negotiate
voluntary remedial action.

Individual s filing a complaint , participating in an investigation , or asserting a right under
Title IX are protected from intimidation or retaliation by 34 C.F.R. § 106.71, which
incorporates 34 C.F.R. § 100.7(e).
Thank you for your cooperation in this matter. In addition to the information requested above ,
we may need to request addit ional information and interview pertinent personneJ. If an on-site
visit is determined to be necessary, you will be contacted to schedule a mutually convenient time
for the visit.
Please notify us of the name, address, and telephone number of the person who will serve as
College ' s contact person during the resolution of this complaint. We would like to talk with this
person as soon as possible regarding this matter. We will continue to address letters to your
attention with a courtesy copy to the College 's designated contact.
We are committed to prompt and effective service. If you have any questions, please contact me
at (303) 844-6299 or by email at jim.long @ed.gov.

James D. Long, Jr.
Senior Attorney

Enclosures - Data Request and "OCR Complaint Processing Procedures "

 Data Reque st
Office for Civil Rights case number: 08-11-2125
Recipient: Northern New Mexico Colleg e
Complainant: l(b)(6); (b)(7(C)

I

We request that this information reach ow- office as soon as possible but no later than May 26,
20 11. If any of the required items are availab le to the public on the Internet , you may provide
the website address. You may also send docwi1ents to us by email to jim .long@ed.g ov or by fax
to (303) 844-4303. Because email is not reliably secure, please do not email any document that
conta ins personally identifiable or private information. Please ensure that your response items
are keyed to the following munbers.
1.
2.

3.
4.
5.

6.

7.
8.

A copy of the College's designation of a Title lX coordinator . 34 C.F.R § 106.8(a). Please
explain where this information is published for students, employees, and third parties.
A copy of the College's Title IX grievance procedures. 34 C.F .R. § 106.8(b) 1 Please
include copies any complaint forms or other forms used for the filing and processing of
sexual discrimfoation (including sexual assault and harassment) grievances /complaints.
Please explain whe re the procedures and forms are published for students, employees, and
third parties.
A copy of the College's Title IX notice of non-discrimination policy, with explanation of the
locations where it is published. 34 C.F.R. § 106.9(a) and (b) .2
A copy of all correspondence with the complainant concerning her complaints of sexual
harassment or assault and retaliation .
A copy of all documentation or corre ondence related to the complainant's
exual
harassment complaint to Dr. (b)(6); (b)(7(C)
concerning a Mr. (b)(S); (b)
Please include documentation of any investigation or resolution of this comp amt.
A copy of all documentation or correspondence related to the com lainant's fall 20 IO and
continuing sexual harassment/assault complaints to Dr. (b)(6); (b)(7(C) and others (e.g.,
Dean Montoya, Dean Or
Schmidt Dr. (b)(6); (b)(7(C) President Barcelo , et
cetera) concerning a Mr. (b)(S); (b) nd a (b)(6); (b)(7 Please include documentation of any
investigation or resolution of these comp
rs made against the same two
individuals by other students.
An explanation of the actions taken by the College's Title IX coordinator in response to the
complainant's sexua l harassment/assault and retaliation complaints.
The names and contact information for any witnesses who can provide relevant information
..al,!l,.1.1.t.1..1.1.Llo:.,
allegations, specifically the personnel named i
·
d Ms. (b)(6); (b)(
(b)(S); (b) the College's Human Resources Director , Dr. (b)(6); (b)(7
and Mr. (b)(6); (b)(7

1

A discussion of appropriate policies and procedures can be found in the attached "Dear Colleague " Jetter, issued by
the Assistant Secretary for Civil Rights. Your attention is directed in particular to the discussion beginning on
page 8.
2

You can find a copy of the Depa1tment's Revised Sexual Harassment Guidance: Harassment of Students by School
Employees. Other Students, or Third Parties at:
http ://www2.ed.gov/about/offices/List/ocr /pub1ications.html #Title£X-Pubs

 U.S. DEPARTME NT OF EDUCAT ION
1244 SPE ER BLVD ., SUIT E #310
DENVE R, C O 80204-3582
Telephone (303) 844-5695; Facsi mile (303) 844-4303; TDD 1-877-521-2172
e-ma il: OC R.DENVER@ed .gov
DENVE R OFF ICE
Arizona, Colo ratlo, New Mex ico, Utah, Wyomi1tg

OFFICE FO R CIVIL RIGHTS
WESTE RN DI VISION

May 12, 2011
(b)(6); (b)(7(C)

Re:

Dear

Northern New Mexico College
OCR Case Number: 08- 11-2125

!

On May 4, 2011, we received your complaint alleging the College discriminated against you on
the basis of sex. We have determined that we have the authority to investigate this complaint
consistent with our complaint procedures and applicable law.
Specifically, you allege that
1. The College failed to provide a prompt and equitable resolut ion for a sexual
harassm ent complaint made in 2009 (continuing violation).
2. The College failed to provide a prompt and equitable resolution for a sexual
harassment complaint made in 2010 (continuing violation).
3. The College retaliated against you by: instructing you to attend a face-to-face meeting
with the student alleged to have sexually assaulted you and two other students
(November 17, 2010); by intimidating and coercing you so you would not file a
sexual harassment complaint (November 18, 201 O); by accusing you of cheating and
failing you in an organic chemistry course when you did file a sexual harassment
complaint (December 6, 201 O); and by coercing you not to enroll in CHEM 302/L
(January 7, 2010).
4. The College failed to designate a Title IX coordina tor.
5. The College failed to adopt and publish adequate Title IX grievance procedures.
We are responsible for enforcing Title TX of the Education Amendments of 1972 and its
implementing regulation at 34 Code of Federal Regulations Part 106, which prohibit
discrimination on the basis of sex in education programs and activities that receive Federal
financial assistance from the Department. Individuals filing a complaint , participating in an
investigation , or asserting a right under Title IX are protected from intimidation or retaliation by
34 C.F.R. § 106.71, whichinc .orporates 34 C.F.R. § 100.7(e).

The Departme nt of Educatio n's Mission is to promote st udent achievement and preparat ion for global
competitiveness by fostering educational excellence and ensuring equa l access.

 (b)(6);

Page 2 - Ms . (b)(?(C)

As a recipient of Federal financial assistance from the Department , the College is subject to these
laws and regulations. Additional information about the laws OCR enforces is available on our
website at http://www .ed.gov/ocr.
Because we have jurisdiction and the complaint was filed timely , we are opening the allegations
for investigat ion. Please note that opening the allega tions for investigation in no way implies
that we have made a determination with regard to their merits. During the investigation , OCR is
a neutral fact -finder , collect ing 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 acco rdance with the provisions of Article ill of
the Case Processing Manual.
We intend to conduct a prompt investigation of this complaint. The regulation implementing
Title VI , at 34 C.F.R. § I00.6(b) and (c), requires that a recipient of Federal financial assistance
make available to OCR information that may be pertinent to reach a compliance determination.
This requirement is incorporated by reference in the Title IX regulation at § l 06. 71. Pursuant to
34 C.F.R. § 100.6(c) and 34 C.F.R. § 99.3 l(a)(3)(iii) , of the regulation implem enting the Family
Educational Rights and Privacy Act (FERPA), 20 U.S.C . § 1232g, OCR may review personally
identifiable records without regard to considerations of privacy or confidentiality.

If our investigation establishes that there has been a violat ion of law, we will attempt to negotiate
a remedy. Ifwe are unable to secure appropriate remedial action, we must initiate formal
enforcement action by commencing administrative proceedings seeking the termination of
Federal funds to the College or a referral to the Depa rtment of Justice. These enforcement
procedures will be initiated only if a violation is found and then only if we are unable to negotiate
voluntary remedial action.
We are committed to prompt and effective service. If you have any questions , please contact me
at 303-844-6299 or by emai l at j im.long@ed.gov.
Sincerely,

es D. Long, Jr.
Senior Attorney