UNITED STATESDEPARTMENTOF EDUCATION OFFICE FOR CIVIL RIGHTS 500 WEST MADISON ST., SUITE 1475 CHICAGO, IL 60661-4544 REGJO~ V ILLINOIS INDIANA IOWA \lllNNESOTA ~ORTJ-1DAKOTA WISCONS!~ August 17, 2017 (b)(6); (b)(7(C) OCR Case No. 05-17-2274 (b)(6); (b)(7(C) Dea 5 O~ (bl( >; (b)(?(C) lthe U.S. Department of Education's Office for Civil Rights (OCR) received your complaint against the University of Wisconsin - Milwaukee. You (hereinafter Student A) allege that the University discriminated agai he basis of sex report of a sexual when it failed to promptly and equitably respond to you (bl<5>; (b)(?(C) assault by anoth · thereby creating a sexually hostile environment for Student A the 5 · d f I (b> < > ; (bl(? . year. OCR has eva 1uate d the comp lamt . consistent . remam er o · t 1 (CJ aca dem1c wit. h the Case ProcessingManual (CPM). We have determined that we have authority to investigate your complaint. OCR is responsible for enforcing Title lX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681-1688, and Title IX's implementing regulation, 34 C.F.R. Part I 06. Title IX prohibits discrimination on the basis of sex in any education program or activity operated by a recipient of Federal financial assistance from the Department of Education. As a recipient of Federal financial assistance, the University is subject to the requirements of Title IX and its implementing regulation. Additional information about the laws that OCR enforces is available online at www.ed.gov/ocr. Because OCR has determined that it has jurisdiction over this allegation and that the allegation is timely, OCR is opening an investigation. Please note that opening an investigation in no way implies that OCR has made a determination with regard to the complaint's 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 dispositivc of the allegations, in accordance with the provisions of Article III of the Case Processing Manual. When appropriate, a complaint may be resolved before the conclusion of an investigation after the recipient asks OCR to resolve the complaint. In such cases, a resolution agreement signed by the recipient and submitted to OCR must be aligned with the complaint allegations The Dcpm1mcn1 of Education's mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. www.ed.gov Page 2 or the information obtained during the investigation and it must be consistent with applicab le regulations. Information about th is process is in the enclosure to this letter. We will communicate with yo u periodically regard ing the sta tus of your complaint. If you have questions about this letter, you may contact Michae l O ' Donnell of my staff at 3 12-7301636 or michael.odonnell @e d.go v . Sincerely , (b)(6),(b)(7)(C) Dawn R. Matthias Team Leader UNITED ST ATE S DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 500 WEST MADISON ST., SUITE 1475 CHICAGO. IL 60661-4544 August 17, 2017 REGION V ILLINOIS INDIANA IOWA M INNESOTA NORTH DAKO TA WISCONSIN Mark Mone , Ph.D. Chancellor University of Wiscon sin - Milwaukee Chapman Hal I 202 231 0 E. Hartford A venue P.O. Box 413 Milwaukee , WJ 53 201 OCR Case No. 05-17- 2274 Dear Dr. Mone: (b)(6); (b)(7(C) 0 the U.S. Department of Education's Office for Civi l Rights (OCR) receive a comp aint aga inst the University of Wisconsin - Milw aukee. The Comp lainant alleges that the University discriminated ·· on the basis of sex when it failed report of a sexual assau lt by to promptly a11deq uitab ly respond to he (bl{5 l; (b)(? (C) another student thereby creating a sexually hosti le enviro nment for Student A the rema inder of (b) acad emic year . the!~~~~r I OCR is responsible for enforcing T itle IX of the Education Amendme nts of 1972 (T itle IX) , 20 U.S .C. §§ 1681- 1688, and Title IX's imp leme nt ing regulation , 34 C.F.R. Part 106. Title IX prohibits discrimination on the basis of sex in any education program or activity opera ted by a rec ipient of Federa l financial assistance from the Department of Education. As a recipient of Federal financia l assistance, the University is subject to the requirements of Tit le IX and its implementing regulation. Additional information about the laws that OCR enforces is avai lable online at www.ed.gov/ocr. Because OCR ha s determined that it has jurisdiction over this complaint and that the complaint is timely , OCR is opening an investigation. Please note that this in no way implies that OCR has made a determination with regard to the comp laint ' s merits. During the investigation, OCR is a neutral fact -finder, collecting and ana lyzing relevant evidence from the comp lainant , the recipient, and other sources , as appropr iate. OCR will ensure that its investigation is legally sufficient and is dispositive of the allegations , in accordance with the provisions of Article III of the Case Processing Manual. When appropriate , a co mp laint may be resolved before the co nclusion of an investigation afte r the rec ipient asks OCR to resolve the complaint. ln such cas es, a resolution agreement signed by the recipient and subm itted to OCR must be aligned with the complaint allegation s or the information obtained during the investigation and it must be consistent with applicable regulations. Informatio n about this is in the enclosure to this letter. The Deparlmeni-of Education' s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access. www.ed.gov Page 2 • OCR's complaint processing procedures, including the availability of ECR; • Regulatory proh ibitions against retaliation and intimidation of persons who file complaints with OCR or participate in an OCR investigation; and • Application of the Freedom of Informat ion Act and the Privacy Act to OCR investigations. The regulation implementing Title VI of the Civil Rights Act of J 964, at 34 C.F.R. § 100.6(b) and (c), requires that a recipient of Federal financial assistance make available to OCR infonnation that may be peiiinent to a compliance detenninat ion. This requirement is incorporated 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. § 99.3 l(a)(3)( iii) of the regulation implementing the Fam ily Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, OCR may review personally identifiable records without regard to considerations of privacy or confidentiality. Please provide the following information within fifteen (15) calenda r days of the date of this letter. Wherever poss ible, please provide the informat ion electronica lly. Finally, please do not provide OCR documentation or electronic information containing social security numbers (SSN); if SSN appear on a document or file that is otherwise responsive to OCR's request , please redact the SSN before produc ing to OCR. (b)(7)(A) If you have questions abo ut this letter, you may contact me or Michael O' Donnell at 3 12-730 1636 or michae l.odonneJl @ed.gov. Sincerelv (bX6),(b)(7XC) Dawn R. Matthias Team Leader Enclosure