UNITED STATES DEPARTMENTOF EDUCATION OFFICE FOR CIVIL RIGHTS REGION XI NORTH CAROLINA SOUTH CAROLINA 400 MARYLANDAVENUE,SW VIRGINIA WASHINGTON,DC WASHlNGTON, DC20202-1475 July 21, 2017 (b)(6);(b)(7(C) Re: OCR Complaint No. 11-16-2325 Notification Letter (bK6); (bX7(C) l Dear. the Office for Civil Rights (OCR) of the U.S. Department of Education On (bl(5); (b)(?(C) (the epartment received your complaint against Guilford Colle e the Colle e . You allege that the College discriminated on the basis of sex during the (bl(5); (b)(?(C) cademic years. Specifically, you allege that: 1. The College failed to promptly and equitably respond to your re ort of sexual assault by another student (the Respondent), a member of the men' (bl(5); (bl(7 earn (the Team), in lement nudprep11rntio11 for globalcompetitiveness byfosteri11g educationalexcellence and ensuringequalaccess. www.ed.gov l Page 2 - OCR Complaint No. 11-16-2325 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, assists, or participates in a proceeding tmder these laws. Because the College 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 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 you, the College, and other sources, as appropriate. OCR will ensure that its investigation is legally sufficient and fully responds to the complaint in accordance with the provisions of the CaseProcessingManual, available at http://www.ed.gov/ocr/docs/ocrcpm.pdf. Please be advised that the College must not harass, coerce, intimidate, discriminate, or otherwise retaliate against an individual because that individual asserts a right or privilege under a Jaw enforced by OCR or files a complaint, testifies, assists, or participates in a proceeding tmder a law enforced by OCR. 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 Katie Teigen, the OCR attorney assigned to this complaint, at 202-453-5564 or Katie.Teigen@ed.gov. (b)(6); (b)(?(C) organ e Leader District of Columbia Office Office for Civil Rights UNITED STATESDEPARTMENTOF EDUCATION OFFICE FOR CIVIL RIGHTS 400 MARYLANDAVENUE,SW WASHINGTON,DC 20202-1475 REGION XI NORTH CAROLINA SOUTH CAROLINA VIRGlNIA WASHINGTON, DC July 21, 2017 Via Email to president@guilfordedu Dr. Jane K. Fernandes President Guilford College 5800 West Friendly Avenue Greensboro, North Carolina 27410 Re: OCR Complaint No. 11-16-2325 Notification/Data Request Letter Dear Dr. Fernandes: ! the Office for Civil Rights (OCR) of the U.S. Department of Education On !(b)(5); (b)(?(C) (the Department) received the above-referenced complaint filed against Guilford College (the Colle e . The Com lainant alleges that the College discriminated on the basis of sex during the (b)(5 ); (b)(?(C) academic years. Specifically, the Complainant alleges that: I. The College failed to promptly and equitably respond to the Complainant's re ort of sexual assault b another student (the Respondent), a member of the men' (b)(5); (b)(7 earn (the Team), i (b)(5); (b)(?(C) as well as subsequent incidents wherein the Resp~~~~ ..... Team members subjected her to sexual and retaliatory harassment during th (b)(5); (b)(?(C) semester; and, as a result, she was subjected to a sexually hostile environment during the !(b)(6); (b)(7(C) academic years.2 I 2. The Colle e failed to promptly and equitably respond to the Complainant's reports, made that several Team members subjected other students to in (b)(5); (b)(?(C) discrimination/harassment on the basis of sex, when they: (a) entered the women's restroom while women were showering; and (b) removed and destroyed a gender-neutral 1 The Com lainant informed OCR that the Respondent sexually assaulted her on two occasions, on 5 (b)( ); (b)(?(C) (b)(6); (b)(7(C) - To the extent that the Complainant also raised concerns regarding the College's policies and procedures for responding to complaints of sexual harassment and sexual violence as contained in the Student Handbook, please be advised that OCR is cu1Tently investigating this issue in relation to another OCR complaint. The Departmentof Ed11catiot1's missionis to promotestudentnchieveme11t and preparation for globalcompetitiveness by fosteringeducational excellence a11densuringequalaccess. Wllllv.ed.gou Page 2 - OCR Complaint No. 11-16-2325 restroom sign; and> as a result other students were subjected to a sexually hostile environment during th (b)(5); (b)(?(C) academic year. 3. In retaliation for the Complainanfs re ort of sexual assault in (bl(5); (b)(?(C) the College imposed discipline on her during th (b)(5); (b)(?(C) academic year, by: a. Gjvjng hera djscin)jnary ''nojnt" for violating a no-contact order in or around l b. Writing her up for identifying the Respondent as a rapist o~(b)(6);(b)(?(C) ! OCR will contact the College to provide the name of the Complainant. 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, including sexual harassment> in any program or activity receiving Federal financial assistance from the Department. Because the College 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 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 College> and other sources> as appropriate. OCR will ensure that its investigation is legally sufficient and fully responds to the allegation in accordance with the 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 College submit this infonuation within 30 calendar days of the date of this letter (i.e., by August 20, 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 College. Please be advised that the College 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, assists, or participates in a proceeding under a law enforced by OCR. 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 infonnation that could reasonably be expected to constitute an unwarranted invasion of personal privacy if released, to the extent provided by law. Page 3 - OCR Complaint No. 11-16-2325 We look forward to your cooperation during the resolution of this complaint. 1f you have any questions, please contact Katie Teigen, the OCR attorney assigned to this complaint, at 202-4535564 or Katie.Teigen@ed.gov. Sincerely, (b)(6); (b)(7(C) ......:,,~ra,.n organ am Leader District of Columbia Office Office for Civil Rights Page 4- OCR Complaint No. 11-16-2325 Guilford College OCR Complaint No. 11-16-2325 Data Request (b)(7)(A) Page 5 OCR Complaint N0. 11-16-2325 Page 6 OCR Complaint N0. 11-16-2325 Page 7' OCR Complaint No. 1 1-16~2325