UN ITED STA1ES DEPAR1MENT OF ED UCATION OFFICE FOR CIVILRIGHTS - REGION VII August 4, 2014 (b)(6); (b)(7(C) Re: OCR Docket# D ear 07142242 (b)(6); (b)(7(C) On July 7, 2014, the U.S. Department of E ducation (Department ), Office for Civil Rights (OCR ), received your complaint against the Kan sas State University (University), Manhattan, Kan sas, alleging discrimination on the basis o f sex. We have completed our evaluation of your comp laint and det ermin ed we have the authori ty to investigate the co mplaint. We will addres s your allegation con sistent with our comp laint proc edure s and applicable law. Specifically, you alleged that the University failed to adequatel y investigate three se}rual assaults your daughter (Student ) reported to University officials. Based on your complaint and curr ent O CR policy regarding its investigation of complaint s involving sexual violence at the post secondar y level, OCR will investigate whether the University failed to promptl y and equitabl y respond to complaints , report s, and / or incidents of sexual harassment and sexual violence of which it had notice, including the Student's reports about being sexually assaulted by two male University students, and as a result, student s, including the Student , were subjected to a sexually hostile environm ent. OCR's inv estigation will entail an examin ation of the University's hand ling of complaints o f sexual violence and sexual harassment under its various procedure s to determine if the University has respond ed imm ediately and appropriatel y, with particu lar emphasis on comp laints of sexual assault. This will includ e an examination of the University's relationships with local police and rape crisis centers. OCR is responsible for enforc ing Title IX of the Education Amendm ent s of 1972 (Title IX), 20 Unit ed States Code (U.S.C.) § 1681, and its implementing regulation, 34 Code of Federal Regulations (C.F.R.) Part 106. Title IX prohibi ts discrimination on the basis of sex in any educatio n program or activity operated by a recipient of Federal financial assistance. As a recipient of Federal financial assistance from the D epartme n t, the University is subject to Title IX. ONE PEITICOAT LANE, 1010 WALNUT STREET, SUITE 320, KANSAS CITY, MO 64106 www .ed.gov The Department ofEd11ratio11 's missionis topromote sl11de11t achie11eme11t andpnparationfor globalcompetitiveness l!Jfosteringed11rafioflal excelk,ueandms11ri11g eq11al access . Page 2 _ ,(b)(6); (b)(7(C) t- 07142242 Because OCR has determined it has jurisdiction and that yo ur complaint was filed in a timel y manner, it is opening your complaint for investigation. Please note that opening the complaint for investigation in no way implies that OCR has made a determination with regard to its 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 complaint, in accordance with the pro visions of Article III of OCR's CaseProcessing Nfanua/.1 OCR offers, when appropriate, an Early Complaint R eso lution (ECR) process to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegations. The OCR document entitled OCR CompJaintProcessing Procedures, which an OCR staff member mailed to yo u on Jul y 8, 2014, include s information aboutECR. In addition, when appropr iate, a complaint ma y be resolved before the conclusion of an investigation after the recipient asks OCR to resolve the complaint. In suc h cases, a resolution agreement signed by the recipient and submitted to OCR must be aligned with the comp laint allegations or the information obta ined durin g the investigation and mu st be consistent with applicable regulations. Information about th.is resolution proce ss was also explained in the document mailed to you on Jul y 8, 2014. If not resol ve d through E CR or resolution before the conclusion of the investigation, OCR investigates the comp laint allegations and makes a compliance determination. If OCR determines a recipient has not complied with a regulation enforced by OCR, OCR will attempt to negotiate a written agreement with the recipient in which the recipient commits to take specific steps to bring it into comp liance with the applicab le laws a11dregulations. We \Vill communicate with yo u periodically regarding the status of your complaint. As we notified you in our letter acknowledging receipt of your complaint, if yo u have additional information related to your comp laint chat yo u would like OCR co consider, yo u ma y submit the information to the staff person referenced below. Your submission ma y be in hard copy form (e.g., photocopies of documents), or yo u may scan the information into an electronic format (e.g., a PDF format). Por in sta nce, if yo u copy data or documents onto removab le media, such as USB drives or CD / DVD disks, th.is data ma y be submitted to OCR as an alternative to reproducing the information in a hard copy format. 1 111e CaseProcessi11g Ma1111al is available on OCR's websire at J.ll!r-: // \VWw.ed .gov /:ihour / o ffice$/ list/ ocr / docs / ocrcpm .h tm I. Page 3 _ ,(b)(6); (b)(7(C) 1- 07142242 If you have any question s, please contact Elizabeth Samples, Attorne y, at (816) 268-0479 (voice) or (877) 521-2172 (telecommunications device for the deaf), or by email at clii~abeth .samp les@ed.gov . Sincerely (b)(6) os 1ua oug ass Supervisory Attorney UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHIS -- REGION VII August 4, 2014 Kirk Schulz, President Office of the President Kansas State University 110 Anderson Hall Manhattan, Kansas 66506 Re: OCR Docket# 07142242 Dear President Schulz: On July 7, 2014, the U.S. Department of Education (Department), Office for Civil Rights (OCR), received a complaint alleging discrimination on the basis of sex by the Kansas State University (University), Manhattan, Kansas. We have determined that we have the authority to investigate this complaint consistent with our complaint procedures and applicable law. Based on the specific complaint by the Complainant and current OCR policy regarding its investigation of complaints involving sexual violence at the postsecondary level, OCR will investigate whether the University failed to promptly and equitably respond to complaints, reports, and/ or incidents of sexual harassment and sexual violence of which it had notice, includin the Complainant's daughter's (Student) reports about being sexually assaulted by (b)(5 ); (b)(? University students, and as a result, students, including the Student, were subjected to a sexually hostile environment. OCR's investigation will entail an examination of the University's handling of complaints of sexual violence and sexual harassment under its various procedures to determine if the University has responded immediately and appropriately, with particular emphasis on complaints of sexual assault. This will include an examination of the University's relationships with local police and rape crisis centers. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (fitle IX), 20 United States Code (U.S.C.) § 1681, and its implementing regulation, 34 Code of Federal Regulations (C.F.R.) Part 106. Title IX prohibits discrimination on the basis of sex in any education program or activity operated by a recipient of Federal financial assistance. As a recipient of Federal financial assistance from the Department, the University is subject to Title IX. Additional information about the laws OCR enforces is available on our website at http://www.ed.go v/ocr . ONEPETIICOATI...Ai~E, 1010 WALNUTSTREET,SUITE320, KANSAS CITY,MO 64106 www.ed.gov The Departme11t ofEd11cation '.rmi.ssio11 is topromotestJ1dmtachit11eme11t a11d prtparatio,,far globalcompetitive11eu l!Jfosteringeducatio11al excel/meta11d ens11ri11g eq11al access. Page 2-Kirk Schulz, President- 07142242 Because OCR has determined that it has jurisdiction and that chis comp laint was filed in a tin1ely manner, it is opening the comp laint for investigation. Please note that open ing the complaint for investigation in no way implies that OCR has made a determination with regard to its merits. During the investigation, OCR is a neutral fact-find er, collecting and analyzing relevant evide nce from the complaina n t, the recipient, and ot her sources, as appropriate. OCR will ensure that its inves tigation is legally sufficient and is dispositi ve of the complaint, in accordance with the provisions of Article III of OCR's Case Processing N[anual.1 Please read the enclosed document entitled OCR ComplaintProcessingProcedures, which includ es information about: • OCR's comp laint evaluation and reso lution procedures; • Regulatory prohibitions against retaliation, intimidation, and harassment of persons who file comp laints with OCR or partic ipate in an OCR investigation; and • Application of the Preedom of In formation Act and the Privac y Act co OCR invc stiga tions. OCR offers, when appropriate, an Early Comp laint Resolution (ECR) process to facilitate the vo luntary resolution of comp laints by providing an early opportunity for the parties invo lved to resolve the aJJegations. The enclosed documen t includes infom1ation about the ECR process. In addition, when appropriate, a complaint may be resolved before the conclus ion of an investigation after the recipient asks OCR to resol ve the complaint. In such cases, a reso lution agreement signed by the recipient and submitt ed to OCR must be aligned with the comp laint alJegations or the informa tion obtained during the investigation and must be consistent with app licable regulations. Information about this resolution process is also explained in the enclosed document. If not resolved through ECR or resolution before the conclusion of the investiga tion, OCR investigates the comp laint allegations and makes a comp liance determinatio n. If OCR determines a recipient has not complied witl1 a regulation enforced by OC R, OCR will attempt to negotiate a written agreement with the recipient in which the recipient commits to take specific steps to bring it into compliance with the applicab le laws and regulations. 1 The CaseProcessingMmmal is available on OCR's web sire at http: // www.ccl.~~ov/a bou t / offices / list / ocr / docs / ocrcpm.h1 ml. Page 3 - Kirk Schulz, President - 07142242 OCR intends to conduct a prompt investigation of this complaint. The regulation implementing T itle VI at 34 C.F .R. § 100.6 (b) and (c) reguires that a recipi ent of Federal financial assistance make avajlable to OCR inform ation that may be pertinent to reach a comp liance determination. This requirement is incorporate d by reference in the Title IX regulation at 34 C.F.R. § 106.71. Pursuant to 34 C.F.R. § 100.6(c) and 34 C.F.R. § 99.31(a)(3)(iii), o f the regulation implementing the Fa mily Educational Rights and Privacy Act, 20 U.S.C. § 1232g, OCR may review personally identifiable records '>Vitl1outregard to considerations of privacy or confidentiality . To expedite our investigation, we request that you provide the following informatio n to OCR within 30 calendar days of the date of this letter. An OCR staff member will contact you withi n five days to provide you the name of th e Studen t. (b)(7)(A) Page 4 Kirk Schulz, President 07142242 Page 5 Kirk Schul'a Prcsidcm 071422-12 Page 6 Kirk Schulz, President 07142242 Page 7 Kirk Schulz, President 07142242 Page 8 - Kirk Schulz, President - 07142242 (b)(7)(A) OCR requests the University provide the information requested above in electronic format as an attachment to an email or, if the most current documentation is available on.line, to provide OCR a reference in its data response to the website address or a link where OCR may access the information. In addit ion, the information may be scanned onto a flash drive, CD or DVD. If the University has previously submitted a current version of a requested document to OCR in another comp laint investigation, please inform us of the docket number of the OCR complaint and OCR will consider the information responsive to our data request. The University may also choose to submit paper copies of the requested information. Thank you for your cooperation in this matter. In addition co the information requested above, OCR may need to request additional information and interview pertinent personnel. If OCR determines an on-site visit is necessary, we will contact you to schedule a mutually convenient time for the visit. Please notify OCR of the name, address, and telephone number of the person who will serve as the University's contact person during the resolution of this complaint. We would like to speak with this person as soon as possible regarding the information requested in this letter. Page 9 - Kirk Schulz, President - 07142242 OCR is committed to prompt and effective service. If you have any questions, please contact Elizabeth Samples, Attorney, at (816) 268-0479 (voice) or (877) 521-2172 (telecommunica tion s device for the deaf), or via email at clizabctb.samplcs@cd.gov. Sincerelv, A (b)(6) Joshua Dougla ss Supervisory Attorney Enclosure