UNITED STATES DEPARTMENT OF EDUCATION ?5010? ARIZONA OFFICE FOR CIVIL RIGHTS comm?) NEW 1244 SPEER BLVD. some 310 um: DENVER, co 80204?3582 wyommc January 3 I . 2012 Dr. Nancy Barcelo, President Nonhem New Mexico College 921 N. Paseo de Oftate Espafiola. NM 87532 Re: Northern New Mexico College OCR Case Number: 08-1 1-2125 Dear President Barcelo: This letter advises you of the resolution of the complaint ?led with our of?ce against the College, alleging that the College discriminated against a student based on sex. Speci?cally. the Complainant alleged that: l. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2009. 2. The College failed to provide a prompt and equitable resolution for a sexual harassment complaint made in 2010. 3. The College retaliated against the Complainant by: instructing her to attend a face-to-face meeting with the student alleged to have sexually assaulted her and two other students (November 17, 2010); by intimidating and coercing her so she would not ?le a sexual harassment complaint (November 18, 2010); by accusing her of cheating and failing her in an organic chemistry course when she did ?le a sexual harassment complaint. (December 6, 2010); and by coercing her not to enroll in CHEM (January 7, 201 4. The College failed to designate a Title IX coordinator. 5. The College failed to adopt and publish adequate Title IX grievance procedures. Jurisdiction Title IX of the Education Amendments of 1972 and its implementing regulation at 34 C.F.R. Part 106, prohibit discrimination on the basis of sex in education programs and activities that receive Federal ?nancial assistance from the Department. Individuals ?ling 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. The College is a recipient of Department funds. It is. therefore. subject to the legal requirements of this statute and regulation. The Department of Education?s mission is to promote student achievement and preparation tor global competitiveness by fostering educational excellence and ensuring equal access. gov Page 3 of2 Background Prior to the conclusion of OCR's investigation. during discussions with OCR. the College requested to resolve allegations l. 2. 3. and ofthe complaint and signed an Agreement which. when fully implemented. will address those issues raised by the complaint. In accordance with Section 302 of Case Processing Manual. the provisions ofthe Agreement are aligned with the complaint allegations in this case and the information obtained during investigation and consistent with the applicable regulations. With respect to allegation 4. we investigated whether the College failed to designate a Title IX coordinator in violation of34 C.F.R. We completed our investigation and that the College did designate a Title IX coordinator and is in compliance with this requirement. Analysis and Findings Allegation 4--Designali0n ofa Title IX Coordinator In its response to the complaint allegations. the College provided a page from its 2010-201 1 Catalog demonstrating the designation of its Director of Human Resources as the College?s Title IX Coordinator. The designation includes the information required by 34 C..F.R. ?106.8( Therefore. we conclude the College is in compliance with respect to the designation of a Title IX Coordinator. OCR is closing our investigation of this case effective the date of this letter. OCR will. however. monitor the College?s implementation of the Agreement. A copy of the Agreement is enclosed. OCR has provided written notification to the Complainant that the College has entered into this Agreement, and we provided the Complainant a copy of the Agreement. Please note that the Complainant may have the right to ?le a private suit in federal court whether or not OCR ?nds a violation. We are committed to prompt and effective service. lfyou have any questions. please contact Mr. Jim Long at (303) 844-6299 or at Sincerely. Aaron Romine Regional Director Enclosure Resolution Agreement