UNITED STATES DEPARTMENT OF EDUCATION OFFICEFORCIVILRIGHTS 400 MARYLANDAVENUE,SW WASHINGTON, DC 20202-1475 REGIONXI NORTH CAROLINA SOUTH CAROLINA VIRGINIA WASHINGTON, OC December 21, 2016 Dr. RichardH. Brodhead President Duke University 207 Allen Building, Box 90001 Durham, North Carolina 27708 Re: OCR Complaint No. 11-17-2024 Notification/Data Request Letter Dear Dr. Brodhead: The Office for Civil Rights (OCR) of the U.S. Department of Education (the Department) received a com laint on October 17 2016 a ainst Duke Universit the Universit . b6 ; b7 b6 ; b7A ; b7C OCR will contact the University to provide the name of the Student. 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. Because OCR detennined that it has jurisdiction and that the complaint was timely filed, OCR is opening the complaint for investigation. Please note that opening the complaint for investigation in no way implies that OCR has made a determination on the merits of the complaint. During the investigation, OCR is a neutral fact-finder, collecting and analyzing relevant evidence from the Complainant, the University, and other sources, as appropriate. OCR will ensure that its investigation is legally sufficient and fully responds to the allegation in accordance with the TlteDepartmentof E,tucation's missionis to promotestudentnd,ievementnnrlprepnmtionfor globalcompetitiveness byfosteringeducationalexcellence and ensuringequalaccess. www.ed.gov Page 2 - OCR Complaint No . 11-17-2024 provisions of the Case Processing Manual, available at http://www.ed.gov /ocr/docs/ocrcpm.pdf. Our goal is the prompt, appropriate resolution of the complaint. Information on OCR's complaint processing procedures is available at http://www.ed .gov/ocr/complaints-how.html. Attached is a request for data necessary to investigate this complaint. OCR requests that the University submit this information within 30 calendar days of the date of this letter (i.e., by January 10, 2017) . We prefer that you submit information electronically, if feasible. If any item in our request is unclear, or if you experience any difficulty complying with this request, please contact us as provided below prior to the expiration of the 30-day period. Please be aware that OCR anticipates conducting an on-site investigation of the complaint. We will notify you in advance of our proposed plans to visit the University. 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. We look forward to your cooperation during the resolution of this complaint. If you have any questions, please contact Jeanette Tejada Bustos, an OCR attorney assigned to this case, at (202) 453-6084 or jeanette.tejadabustos@ed .gov. (b)(6) ~ , , is , organ pervisory Investigator District of Columbia Office Office for Civil Rights Page 3-0CR Complaint No. 11-17-2024 Duke University OCR Complaint No. 11-17-2024 Data Request Please provide the following data by lb6 ; b?A ; b?C b6 ; b7A; b7C r6;b7A b7C b6 ; b7A; b7C 2 Please note that OCR has the right of access to records that are necessary for OCR's investigation, even if those records contain namesor other personally identifiable information. See 20 U.S.C. §§ 1232g(b)(l) and 1232g(b)(3) regarding the applicable provisions of the Family Educational Rights and Privacy Act~ see also 34 C.F.R. § 100.6(c) and 34 C.F.R. § 99.3l(a)(3)(iii). I Page 4 OCR Complaint N0. 11-17-2024 b6; MC Page 5 - OCR Complaint No. 11-17-2024 b6 ; b7A ; b7C Please note that OCR may request additional student records, including those of the Complainant, during the investigation. Therefore, we request that the University preserve all existing while OCR's investigation is pending. UNITED STATESDEPARTMENTOF EDUCATION OFFICEFORCIVIL RIGHfS 400 MARYLAND A VENUE, SW WASHINGTON, DC 20202-1475 REGIONXI NORTH CAROLINA SOUTH CAROLINA VIRGINIA WASHINGTON, DC 21, 2016 December b6; b7A; b7C RE: Dead b6; b7A; b7C OCRComplaintNo. Notification Letter 11-17-2024 I On October 17, 2016, the U.S. Department of Education, Office for Civil Rights OCR received _ • • · • • • b6; b7A; b7C 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. Because OCR determined that it has jurisdiction and that the allegation was timely filed, OCR is opening the allegation for investigation. Please note that opening the allegation for investigation in no way implies that OCR has made a detennination on the merits of the allegation. During the investigation, OCR is a neutral fact-finder, collecting and analyzing relevant evidence from you, the University, and other sources, as approp1iate. OCR will ensure that its investigation is legally sufficient and fully responds to the allegation in accordance with the provisions of the CaseProcessingManual, available at http://www.ed.gov/ocr/docs/ ocrcpm.html. lb6; b7A; b7C The Deparhnentof Educntion'smissionis to promotestudentndiievemetttnnd preparation for globalcompetitiveness byfosteringeducationalexcellence and ensuringequalaccess. WIUW.ed.gou Page 2 of 2 - OCR Complaint No. l l-17-2024 This letter sets forth OCR's determination in an individual OCR case. This letter is not a formal statement of OCR policy and should not be relied upon, cited, or construed as such. OCR's formal policy statements are approved by a duly authorized OCR official and made available to the public . The complainant may have the right to file a private suit in federal court whether or not OCR finds a vio lation. 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 Jeanette Tejada Bustos, an OCR attorney assigned to this case, at (202) 453-6907 or jeanette.tejadabustos @ed .gov. Sincerely, (______..Letisfu?Me?gan Supervisory Investigator District of Columbia Office Office for Civil Rights