UNITED STATES DEPARTMENT OF EDUCATION

REGION Vfll

OFFICE FOR CIVIL RIGHTS

ARIZONA
COLORADO
NF,WMEX ICO

1244S PEER BLVD , SU! TE 310
DEN VER, CO 80204-3582

UT1\II
WYOMI NG

July 22, 2016
(b)(6); (b)(7(C)

Also by email to: ""!
<b_l<_5l_;<_bl_<7<
_c_) ________

Re:

___,

Northwest College
OCR Case Number: 08-16-2101

Dear !<b)(6); (b)(7(C)

!:

On January 25, 2016, we received your complaint alleging that Northwest College (College)
discriminated 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 the College discriminates on the basis of sex by not appropriately
responding to complaints of sexual violence.
We are responsible for enforcing Title IX of the Education Amendments of 1972 and its
implementing regulation at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex
in education programs and activities that receive Federal financial assistance from the U.S.
Department of Education.
As a recipient of Federal financial assistance from the Department, the College is subject to this
law and regulation. Additional information about the Jaws 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 this allegation
for investigation. Please note that opening the allegation for investigation in no way implies that
we have made a determination with regard to its merit. 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 allegation, in accordance with the provisions of Article III of
the Case Proc essing Manual.
We intend to conduct a prompt investigation of this complaint. If our investigation establishes
that there has been a violation oflaw , 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 referral

 to the Department 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.
In your complaint, you also brought forth an individual allegation. Specifically, you alleged that
I
the College failed to proper! res n to your own report to the College that!(b)(6);(b)(7(C)
sexually assaulted you in (b)(5); (b)(?
(C)
In your complaint and in a May 3, 2016 interview with
;lbJuI
an OCR attorney, you explained that you reported the sexual assault to the College onllb)(6J
l~~i~J
;[bj l and the College issued its findings on!(b)(5); (b)(?(C) ,
I You ex lained that in
(b)(6); (b)(7(C)
ou made, and the College responded to, a re uest for (b)(6);(b)(?(C)
5
(b)( ); (b)(?(C)
. You provided copies of the College's (b)(5); (b)(?(C)
and (b)(5); (b)(?(C)
l(b)(6); (b)(7(C)
Pursuant to our Case Processing Manual , OCR will take action only with respect those
complaint allegations that have been filed within 180 calendar days of the last act of alleged
discrimination or retaliation unless the complainant requests a waiver and it is granted.
We note that the alleged assault and the College's final response to your report of the alleged
assault occurred more than 180 days from the date ou filed a com laint with OCR. We also
note that, although the College responded to your (b)(6); (b)(?(C)
in (b)(6); (b)(7(C)
the
College's last act in response to your report of the alleged assault was (b)(6);(b)(?(C)
Your
!(b)(6); (b)(7(C)
!regarding the alleged assault is not part of the College's response to your
report.
During your interview with an OCR attorney on May 3, 2016, the attorney explained the
requirement to file within 180 days and requested for your justification for not filing your
complaint earlier. You explained that you were aware that your complaint might not have been
filed in time, and that you had not filed sooner because you were still scared to talk about the
assault, were not sure anything would come of the complaint, and did not want to have to go
through the assault again just for nothing to happen.
Unfortunately, your reasons do not provide sufficiently good cause for granting a waiver.
Therefore, we are dismissing your individual allegation effective the date of this letter, pursuant
to Section l 08 of our Case Processing Manual.

l

In your complaint, you also alleged that the !(b)(5); (b)(?(C)
was j<b}f6}
·,b}f7fC}
!(b)(6);(b)(7(C)
l and the two improperly spoke about your personal confidential
information. With respect to this allegation, OCR does not have jurisdiction over FERPA
complaints. We are therefore dismissing this allegation as of the date of this letter. If you wish
to file a FERPA complaint, you may contact the Family Policy Compliance Office at:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-5920
(202) 260-3887
1-800-USA-LEARN (l- 800-872-5327)

 This letter sets forth OCR's determi nation in an individual OCR case. This letter is not a formal
statemen t 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. You may have the right to file a private suit in federal court whether or not OCR
finds a violation.
Individuals filing a complaint or participating in our resolution process are protected from
retaliation by Federal law.
Under the Freedom of Information Act, it may be necessary to release this document and related
correspondence and records upon request. In the event that OCR receives such a request , we will
seek to protect, to the extent provided by law, personal information , which if released , could
constitute an unwananted invasion of privacy.
We are committed to prompt and effective service . ff you have any questions, please contact
Sarah Morris, the attorney assigned to this case at (303) 844-3682 or by email at
Sarah.Morr is@ed.gov, or me at (303) 844-5927 or by email at tom.rock @ed.gov.
S (b)(6); (b)(7(C)

Thomas M. Rock
Superviso ry General Attorney
Denver Enforcement Office

 Data Request
Office for Civil Rights case numb er:
Recipient:
Complainant:
(b)(7)(A)

08-16-2101
Northwest Col lege
l(b)(6); (b)(7(C)

l

  

 

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UNJTED STATESDEPARTMENT OF EDUCATJON

REGION VIII

OFFICE FOR CIVILRIGHTS

ARIZO N A
CO LORADO
NEW M EXICO
UTA H
WYOM ING

1244 SPEER BLVD,SU1TE 310
DENVER, CO 80204-3582

July 22, 2016

Dr. Stefani Hicswa, President
Northwes t College
231 West 6th Street
Powell, WY 82435
Re:

Northwes t College
OCR Case Number : 08-16 -2 10 t

Dear Dr. Hicswa:
On January 25 , 2016, we received a comp laint alleging that Northwest College (College)
discriminated on the basis of sex . We have determined that we have the authority to investigate
this comp laint consistent wit h our comp laint procedures and applicable law.
Specifically , the Complainant alleges that the College discriminates on the basis of sex by not
appropriately responding to complaints of sexua l violence.
We are responsible for enforcing Title IX of the Education Amendments of 1972 and its
imp lementing regulation at 34 C.F .R. Part I 06, wh ich prohibit discrimination on the basis of sex
in education programs and activities that receive Federal financia l assistance from the U.S.
Department of Education.
As a recipient of Federal financial assistance from the Department , the College is subject to this
law and regulation. Additional information about the laws OCR enfo rces is availab le on our
website at http:/ /www.ed.gov /ocr.
Because we have jurisdiction and the complaint was filed timely, we are opening this allegation
for investigation. Please note that opening the allegation for investigation in no way implies that
we have made a determination with regard to its 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 wi ll ensure that its investigation is legally
sufficient and is dispositive of the allegation , in accordance with the provisions of Article III of
the Case Processing Manual.
Please read the enclosed document entit led "OC R Complaint Processing Procedures'' which
includes information about
o

OCR ' s complaint evaluation and resolution procedures, including the availab ility of
Early Complaint Resolution (ECR) ;

T he Departm ent of Edu c,1tion's mission is t() prnm otc stmkn t ,Khievl.'mcnt and p repara tion for r,lobal compctili\'ctw ss
by fos tering edu cational excellence and en suring equal access.

www. ed .gov

 Page 2 of 3
o

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

o

Application of the Freedom oflnfo rmation Act and the Privacy Act to OCR
investigat ions.

We intend to conduct a prompt investigation of this complaint. The regulation implementing
Title VI, at 34 C.F.R. § I 00.6(b) and (c), requires that a recipient of Federal financial ass istance
make availab le to OCR information that may be pertinent to reach a compliance determination.
This requirement is incorporated by reference in the Title IX regu lation at § 106.71. Pursuant to
34 C.F.R. § 100.6(c) and 34 C.F.R. § 99.31 (a)(3)(iii) , of the regulation implementing the Family
Educational Rights and Privacy Act (FERPA) , 20 U.S.C. § 1232g, OCR may rev iew personally
identifiable records without regard to considerations of privacy or confidentiality .
In order to reach an efficient and time ly resolution to this matter, we are providing you an
opportunity to present the College ' s response to these allegations and to submit support ing
documentation. We have also determined that the information itemized in the enclosed "Data
Request" is necessary to initiate resolution. We request that this information reach our office as
soon as possible but no later than August 8, 2016 . If any of the required items are available to
the public on the Internet, you may provide the webs ite address. You may also send documents
to us by email to Sarah.Morris @ed.gov or by fax to (303) 844-4303. Because emai l is not
reliably secure , please do not email any document that contains personally identifiable or private
information.

If our investigation establishes 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 com mencing adm inistrat ive proceedings seek ing the termination of
Federal funds to the College or a referral to the Depa1tment of Justice. These enforcement
procedures will be initiated only if a violation is found and then only if we are unab le to
negotiate voluntary remed ial action.
Thank you for your cooperation in this matter. In addition to the information requested above,
we may need to request additiona l infonna tion and interview pertinent personne l. If an on-site
visit is determined to be necessary, you will be contacted to schedule a mutually conven ient time
for the visit.
Please notify us of the name, address , and telephone number of the person who will serve as the
College's contact person during the resolut ion 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 cow·tesy copy to the College's designated contact.
Individuals filing a comp laint or participating in our resolution process are protected from
retaliation by Federal law.
Under the Freedom of Information Act, it may be necessary to release this document and related
correspondence and records upon request. In the event that OCR receives such a request, we will

 Page 3 of 3
seek to protect, to the extent provided by law, personal information, which if released, could
constitute an unwarranted invasion of privacy.
We are committed to prompt and effective service. If you have any questions , please contact
Sarah Morris , the attorney assigned to this case, at (303) 844-3682 or by email at
Sarah.Morris @ed.gov, or me at (303) 844-5927 or by email at tom.rock @ed.gov.

Sincerely ,

rl(6J
;(bX7(CJ

Thomas M. Rock
Supervisory General Attorney
Denver Enforcement Office
Enclosures - Data Request and "OCR Complaint Processing Procedures "