UNITED STATES DEPARTMENT
OF EDUCATION
OFFICE FOR C I VIL RIGHTS, REGION I
5 POST O F FI CE S Q U AR E. 8 rn FL OOR
BOSTO N. MASSA CHU SE TT S 02109-3921

APR1r~2U17

(b)(6); (b)(7(C)

Re:

Complaint No. 01-16-2069
Worcester State University

Dear!(b)(6); (b)(7(C)
The U.S. Department of Education (Department), Otlice for Civil Rights (OCR) has completed
its evaluation of the above-referenced complaint you filed against Worcester State University
(University). You alleged that the University discriminated a ainst ·ou on the basis of sex b
's · · 0 to respond prom )tlv and e uitablv to vour com laint1.
<b_)<
_6_);_<b_)<7_<C
_)__________
_.
6
6
7
(b)( ); sexually assaulted (b)( ); Cb
X CC)
Allegation 1). You also alleged that the
University violated the Clery Act (Allegation 2) as well as the Family Educational Rights and
Privacy Act (FERPA) (Allegation 3).
OCR is opening for investigation Allegation I; referring Allegation 2 to the Department's Clery
Act Compliance Team for its consideration: and dismissing Allegation 3. Below is an
explanation of OCR ·s decision.
OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as
amended, 20 U.S.C. § 1681 et seq., and its implementing regulation at 34 C.F.R. Part 106, which
prohibit discrimination on the basis of sex in programs and activities receiving financial
assistance from the Department. The University is subject to Title IX because it receives
financial assistance from the Department.
Allegation to Be Opened for Investigation
OCR is opening Allegation 1 for investigation because OCR has jurisdiction over the allegation
and it was timely tiled. OCR will investigate the University's compliance with Title IX and will
examine the following issues:
•

Whether the University failed to imple1nent, publish, and distribute a notice of nondiscrimination. in violation of 34 C.F.R. § I06 .9:

•

Whether the University failed to designate a Title IX coordinator to coordinate its efforts
to comply with and carry out its responsibilities under Title IX, in violation of 34 C.F.R.
§ J06.8(a);

Tlte Departm ent o/ Edu cmio n

miss ion is

10

pr omote swd ent acltieve mem and pr eparation .f<w J<loh<tlco111p
e1i1il'e11ess by

fos 1eri11
g ed11auio 11
al excellence and ens uring equal access.

 Page 2 -!

(b)(6); (b)(7(C)

lComplaintNo. 01-16-2069

•

Whether the University failed to adopt and publish grievance procedures providing for
prompt and equitable resolution of student and employee Title IX complaints of sexual
harassment,including sexual violence,in violationof 34 C.F.R. § 106.8(b); and

•

Whether the University failed to respond promptly and equitably to complaints, reports,
· and/or incidents involving you and others of sexual harassment, including sexual
violence, of which it had notice. and if so, whether you and others were subjected to a
sexually hostile environment,in violationof 34 C.F.R. §§ 106.8(b),106.3l(a) and (b).

Please note that opening the allegation for investigationin no way implies that OCR has made a
determinationwith regard to its merits. During the investigation,OCR is a neutral fact-finder,
collecting and analyzing relevant evidence from you, the University, and other sources. as
appropriate. OCR will ensure that its investigationis legally sufficient and is dispositive of the
allegation, in accordance with the provisionsof OCR's Case ProcessingManual,which can be
found online at: http://ww\v2.cd.gov/about/offices/list/ocr/docs/ocrcpm.html.
AllegationReferred to Clery Act ComplianceTeam

In Allegation 2 of your complaint, you alleged that the University's actions violated the Clery
Act. OCR lacks jurisdiction to enforce the Clery Act. Pursuant to the memorandum of
understandingbetween OCR and the Department's Federal Student Aid Office, OCR is referring
your Clery Act allegation to the Clery Act ComplianceTeam (CACT) within the Departmentfor
its consideration. If you have questions concerningthe Clery Act, the CACT may be contacted
via e-mail at: Ctcrvfci>cd.!!<W,
or in writingat the followingaddress:
U.S. Departmentof Education
Clery Act ComplianceTeam
The WanamakerBuilding
100Penn Square East, Suite 511
Philadelphia,PA 19107
Alleeation to Be Dismissed

In Allegation3 of your complaint,you alleged that the Universityfailed to complywith FERPA.
OCR also lacksjurisdiction to enforce FERPA. Accordingly,OCR is dismissingthis allegation,
effective the date of this letter.
The agency with authority to enforce FERPA requirements is the Department's Family Policy
ComplianceOffice (FPCO). You may wish to contact FPCO at the followingaddress to inquire
whetherit hasjurisdiction over your allegation:
Family Policy ComplianceOffice
U.S. Departmentof Education
400 MarylandAvenue. SW
Washington,D.C. 20202

 Page 3 i

(b)(6); (b)(7(C)

IComplaintNo. 01-16-2069
Phone: 1-800-USA-LEARN( t-800-872-5327)

Conclusion
Please be advised that the Universitymay not harass, coerce. intimidate,or discriminateagainst
any individualbecause he or she has filed a complaintor participatedin the complaintresolution
process. If this happens. an individualmay file another complaintallegingsuch treatment.
Under the Freedom of InformationAct, it may be necessaryto release this documentand related
cmTespondenceand records upon request. In the event that OCR receivessuch a request, it will
seek to protect, to the extent provided by law, personally identifiable infonnation that. if
released. could reasonably be expected to constitute an unwarranted invasion of personal
privacy.
If you have any questions, please contact Gillian Thompson,Civil Rights Attorney,at (617) 2890012 or Gillian.Thompsonf,i1cd.uov.
Sincerely.

FoLMic 1ellcKalka
ComplianceTeam Leader

l

(b)(6); (b)(7(C)

cc:

.

 UNITED

ST ATES

OFFlCE

DEPARTME

FOR C IVIL

NT OF EDUCA T ION

RIGHTS , REGION

I

5 POST OFl"IC' E SQ U AR E. 8 rn F LOOR
BOSTO N . M ASSAC'H USETTS 02 l 09- 392 1

Barry M. Mal oney
Preside nt
Worcester Stale Univers ity
486 Chand ler Str eet
Worcester, Mi\ 01602
Re:

Compla int No. 01- l6- 2069
Worcester State Univ ers ity

Dear President Ma loney:
This letter is to notify you that th e U.S. Department of Education (Department), Of'fice for Civil
Rights (O CR) is op ening for invest iga tion th e above-referenced co mpl ai nt filed aga inst
Worce ster State University (Unive rsity).
The Co mpl ainant allege d that the Unive rsity
discriminated aga inst her on the basis of sex by failing to respond prompt ly and equita bly to her

conwlainr XO),~X)(C)
1~~)(6); b)({

Isexually assaultedrx o),~X)(C)

OCR is responsible for enforci ng Title IX of the Educatio n Amendmen ts of 1972 (Tit le IX), as
amended, 20 lJ .S.C. § 1681 et seq. , and its imp lement ing regulation at 34 C.F.R . Part I 06, w hich
prohi bit discrimination on the bas is of sex in programs and activities receiving finan cial
ass istanc e from the Department.
The U niv ers ity is subject to T itle IX hecause it receives
financial assistance from the Department.
Because OCR has determ ined that it has jur isdiction and that the compla int was tim ely filed ,
OCR will inv esti gate the Unive rsity's co mpli ance ,.vith Title IX and will examine the following
issu es:
•

Whether the Unive rsity failed to impl ement, publish , and distribute a notice of nond isc rimin ation, in violatio n o f 34 C.F.R . 106.9:

•

Wh ether the Unive rsity fai led to designate a Title IX coordinator to coordina te its efforts
to comply with and carry out its respons ibiliti es under Title IX, in violation of 34 C.f.R.
I 06 .8(a):

•

Wheth er the Univ ersity failed to adopt and publish grieva nce procedures providing for
prompt and equitable resolution o f student and emp loyee Title IX complaint s of sex ual
haras sment including sexual violence . in violation of 34 C.f.R. § I 06.8(b) ; and

•

Whethe r the Univer sity failed to respond promptly and equitably to complain ts, reports.
and /or incidents involving the Com plainant and othe rs of sexua l harassm ent, incl uding
sex ual vio lenc e, of wh ich it had notic e, and if so, whe ther the Comp lainan t and others

The Depart111
e111o/'Ed11catio11·.,· missi on is lOprom ote s111d
e11
t achievement and pr eparation/hr global co111p
e1i1i ve11ess hy
fos 1eri11
g ed11cmio11nlex cellence and ensuring equal access.

I

 Page 2 - Barry M. Maloney,OCR ComplaintNo. 01-16-2069
were subjected to a sexually hostile environment,in violation of 34 C.F.R. §§ I06.8{b),
I06.31(a) and (b).
Please note that opening the allegation for investigationin no way implies that OCR has made a
determinationwith regard to its merits. 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 is
dispositive of the allegation, in accordance with the provisions of OCR's Case Processing
,\4anual.which can be found online at:
http://,,.,,,v2.ecl.gov/aboutiom
ces/1ist/ocr/docs/ocrcpm.htmI.
To facilitate OCR·s efforts to resolve this complaint,OCR requests that the Universityprovide
the informationin the enclosed data request within fifteen (15) calendardays of the date of this
letter. OCR's authority lo gather infonnation and conduct an investigation is found at the
regulation implementingTitle VI of the Civil Rights Act of 1964. at 34 C.F.R. §§ 100.6(b)and
(c} and 100.7(c).which is incorporatedby referenceinto the regulationimplementingTitle IX at
34 C.F.R. § 106.71. The regulation implementingthe Family EducationalRights and Privacy
Act at 34 C.F.R. § 99.31(a}(3}(iii) specifically authorizes educational institutions to disclose
personally identifiable informationconcerningstudents to OCR. Further,pursuant to 34 C.F.R.
§ 100.6(c). an institution may not assert considerationsof privacy or confidentialityto bar OCR
from performing its investigative function. Accordingly. the University must provide OCR
access to the University's records in originat non-redactedform.
Please be advised that the Universitymay not harass, coerce, intimidate,or discriminateagainst
any individualbecause he or she has filed a complaintor participatedin the complaintresolution
process. If this happens, an individualmay file another complaintallegingsuch treatment.
Under the Freedom of InformationAct. it may be necessaryto release this documentand related
correspondenceand records upon request. In the event that OCR receivessuch a request, it will
seek to protect. to the extent provided by law, personally identifiable information that, if
released, could reasonably be expected to constitute an unwarranted invasion of personal
privacy.
If you have any questions. please contact Gillian Thompson,Civil RightsAttorney.at (617) 2890012 or Gillian.Thompsonr,i':ccl.uov.
Sincerely.
MichelleKalka
ComplianceTeam Leader
Enclosure

 Data Request
OCR Case No. 01-16-2069
Recipient: Worcester State University (University)
Complainant: !(b)(6); (b)(? (C)

l

Instructions
5>; {6)(/ I
Within 15 da s of rccei t of this data re uest, please provide the following items forl~~_{
(b)(6); (b)(7(C)
unless an alternative timcframe is specifically
requested.1 or state in writing whether any requested material does not exist. Subsequentto the
University's rcsponsc(s) to this data request but prior to the conclusion of OCR's determination
process. OCR will accept supplemental materials from the University that it believes will
materiallyimpact or alter OCR's investigation.

OCR's authority to gather infonnation and conduct an investigationis found at the regulation
implementingTitle VI of the Civil Rights Act of 1964, at 34 C.F.R. §§ 100.6(b)and (c) and
I 00.7(c)~which is incorporatedby referenceinto Title IX at 34 C.F.R. § 106.71. The regulation
implementing the Family Educational Rights and Privacy Act, at 34 C.F.R. § 99.3l(a)(3)(iii),
specifically authorizes educational institutions to disclose personally identifiable information
conccmingstudents to OCR. Further, pursuant to 34 C.F.R. § 100.6(c),an institutionmay not
assert considerationsof privacy or confidentialityto bar OCR from performing its investigative·
function. Accordingly. the University must provide OCR access to the University'srecords in
original, non-redactedfonn.
Please provide the submissions in electronic format by e-mail, CD. or flash drive. Additionally,
if any of the infonnation is available on-line. you may provide a URL, with the date the URL
was copied, in lieu of hard copy materials.

You may send the infonnation to the attentionof GilJianThompsonat:

1

E-mail:

GilIian.Thompsont<r:cd.go\'

Office:

GillianThompson
U.S. Departmentof Education
Office for Civil Rights
5 Post Office Square
Suite 800
Boston, MA 02109

!(b)(6); (b)(7(C)
h,Jeaseprovideinformationin effectas of the date of the University'sresponse.
unlessan alternativetimcfrmncis i;pccilicallyrequested.