UN IT ED ST ATES DEPARTMENT
OF EDUCATION
OFFICE FOR C IVI L RIGHTS. REC IO N I

5 POST Or-FI CE SQ UARE , gTH FLOOR
BOSTON. MASSACHUSETT S 02 109 -392 1

APR14 2017
Biddy Martin
Office of the Pres iden t
Am herst Col lege
P.O. Box 5000
Am herst , MAO 12002-5000
Re:

Complaint No.0 1-16-2 126
Amherst Co llege

Dear Pres ident Martin:
The U.S. Department of Education, Office for Civil Ri hts OCR has received the above referenced comp laint that was filed on behalf of (b){5); (b)(?(C)
(the Student) aga inst
Am herst College (Co llege) . The com laint alleges that the Colle e discriminated aga inst the
Student , who is a student at (b)(5); (b)(?(C)
on the basis of sex .
Specifically , the complaint al leged that the Co llege failed to respond promptly and equ itably to
the Student's com taint of sexual vio lence b , a CoJleoe stude nt (Student 2) and to the Student ' s
Allegation 1) . In addition, the complaint
complaint that Cb)C6); Cb)(7(C)
alleged that the College retaliated aua inst the Student for filin a com laint of sexual violence
w ith the Co llege by (b)(6); (b)(7(C)
l<b)(6); (b)(7(C)
!(Al legation 2) .

This letter is to notify you that OCR is opening for investigat ion Allegat ions l and 2 because we
have determined that we have jurisdiction over those allegations and because they were timely
filed. Accordingly , OCR will investigate the Co llege's compliance with Title lX and will
examine the following issues:
•
•

•

Whether the Co llege fa iled to implement, publish , and d istribute a notice of nondiscrimination, in violation of 34 C.F.R. Section 106. 9;
Whether the College fa iled to respond promptly and equitably to complaints , reports,
and/or incidents involving the com pl ainant student and ot hers of sexua l harassment ,
including sexual violence , j<b)(6); (b)(?(C)
!of which it had
notice, and if so, whether the complainant student and others were subjected to a
sexually hostile environment, in vio lation of 34 C.F.R. Sections I 06.8(b), 106.31 (a)
and (b); and
Whether the College retaliated against the Student for fil ing a complaint of sexual
violenc e!(b)(6); (b)(7(C)
I
in violation of 34 C .F .R. Section I 06. 71, incorporating by reference 34 C.F.R .
Section 100.7(e).

The Departm ent of Educati on 's mission is to promot e s111d
en1 achievemenl and pr eparati on fo r global competiti veness by
fo slering educalional exc ellence and ens uring equa l access.

 Page 2 of3-Biddy

Martin, President; OCR Case No. 01-16-2126

OCR notes that it is currently investigating the College's compliance with Title IX based on
another complaint that was filed against the College. In accordance with OCR's case processing
procedures, OCR has determined that it is appropriate to consolidate the investigation of this
complaint with OCR Complaint No. 01-14-2015, in which OCR is currently addressing similar
allegations against the College under Title IX.
OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as
amended, 20 U.S.C. § 1681 et seg., 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 U.S. Department of Education. Title IX also prohibits retaliation against any
individual for asserting rights under Title IX, including filing a complaint and/or participating in
a grievance process. The College is subject to Title IX because it is a recipient of Federal
financial assistance from the U.S. Department of Education.
Please note that opening these allegations for investigation does not imply that OCR has made a
determination with regard to their 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 allegations, in accordance with the provisions of OCR's Case Processing
ManuaL which can be found online at:
http://wV1-w2.ed.gov/about/officcs/list/ocr/docs/ocrcpm.html.

We have enclosed a preliminary data request. Because some of this information was previously
submitted in conjunction with the prior OCR complaint (Complaint No. 01-14-2015), a reference
to specific data that was previously submitted and an update of information will be adequate as a
response. Please provide the data to this office within 15 calendar days from the date of this
letter. Please also preserve any and all records that may be relevant to the issues raised by this
complaint, in hard copy or electronic format, as applicable.
OCR ·s authority to gather information and conduct an investigation is found at the regulation
implementing Title VI of the Civil Rights Act of 1964, at 34 C.F.R. Sections I 00.6(b) and (c)
and 100.7(c), which is incorporated by reference into Title IX.at 34 C.F.R. Section 106.71. The
regulation implementing the Family Educational Rights and Privacy Act, at 34 C.F.R. Section
99.31 (a)(3){iii), specifically authorizes educational institutions to disclose personally identifiable
infonnation concerning students to OCR. Further, pursuant to 34 C.F.R. Section I00.6(c), an
institution may not assert considerations of privacy or confidentiality to bar OCR from
performing its investigative function. Accordingly, the College must provide OCR access to the
College's records in original. non-redacted form.
As noted above, the regulations enforced by OCR prohibit retaliation. Specifically. the
regulations state that no recipient or other person shall intimidate, threaten, coerce or
discriminate against any individual for the purpose of interfering with any right or privilege
secured by regulations enforced by OCR or because one has made a complaint, testified, assisted
or participated in any manner in an investigation, proceedings or hearing held in connection with
a complaint. If this happens, the Complainant may file another complaint alleging such
treatment.

 Page 3 of 3 - Biddy Martin, President; OCR Case No. 01-16-2126

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, it will
seek to protect, to the extent provided by.law, personally identifiable information that if released,
could constitute an unwarranted invasion of personal privacy.
If you have any questions regarding this letter, please contact Civil Rights Attorney Amy
Fabiano at (617) 289-0007 or Amy.Fabianoru~ed.gov.

Sincerely,

Christine Colmey
Compliance Team Leader
Enclosure

 Data Request
OCR Complaint Nos. 01-14-2015 & 01-16-2126
Recioieut· Amherst CoUeee
r X6); (bX7(C)

I.

Instructions and Authoritv

Withir J5 days of receipt of Ibis data reoucst olease provide the fallawine ileros
years (b)(5); (b)(?(C)

tr

academic
unless an

alternative time frame is specifically requested, 1 or state in writing whether any requested material
does not exist. Subsequent to the College's response(s) to this data request but prior to the final
stages of its investigation, OCR will accept supplemental materials from the College that it believes
will materially impact or alter OCR's investigation.
To the extent that the College has already submitted any of the following data in conjunction with
OCR's ongoing investigation of Complaint No. 01-14-2015, and that data has not changed, the
College may reference the specific data from Complaint No. 01-14-2015, and need not produce the
same data again.
OCR's authority to gather information and conduct an investigation is found at the regulation
implementing Title VI of the Civil Rights Act of 1964, at 34 C.F .R. Sections I 00.6(b) and (c) and
l 00.7(c), which is incorporated by reference into Title IX at 34 C.F .R. Section 106.71. The
regulation implementing the Family Educational Rights and Privacy Act, at 34 C.F.R. Section
99.3 l(a)(3 )(iii), specifically authorizes educational institutions to disclose personally identifiable
information concerning students to OCR. Further, pw-suant to 34 C.F.R. Section 100.6(c), an
institution may not assert considerations of privacy or confidentiality to bar OCR from performing
its investigative function. Accordingly, the College must provide OCR access to the College's
records in original, non-redacted form.
Please provide the submissions in electronic format by e-mail, CD, or flash drive. Additionally, if
any of the information is available on-line, you may provide a URL, with the date the URL was
copied, in lieu of hard copy materials.
Please send the information to the attention of Amy Fabiano at:
E-mail:

Arny .Fabiano(Z~.ed.gov

Office:

Amy Fabiano
U.S. Department of Education
Office for Civil Rights
5 Post Office Square
Suite 800
Boston. MA 02109

5); (b)({ !please provide information in effect as of the date of the College's response, unless an
For academic year!~~_(
alternative timeframe is specifically requested.
1

  

 



 

 

 

 



 

 

 

 

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UNITED STATES DEPARTMENT
OF EDUCATION
OFF ICE FOR CIVIL RIGHTS , REGION r

5 POST OFFICE SQUARE. gm FLOOR
BOSTON , MASSACHUSETTS
02109-392 1

APR14 2017

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

Re:

Dear

Complaint No. 01 -16-2 126
Amherst Co llege
(b)(6); (b)(7(C)

The U.S. Department of Education, Office for Civil Rights (OCR) has received the aboveKStudent) against Amherst
referenced complaint you filed on behalf of !(b)(6); (b)(7(C)
Colleo-e (College). You alle ed that the Colle e discriminated against the Student, who is a
(b)(6); (b)(7(C)
on the basis of sex . Specifically, the
complaint alleged that the College failed to respond prompt ly and equitably to the Student's
!Cb
_X_6)_;Cb
_>_u _
cc_>_______
__,
com laint of sexual violence b a College student (Student 2) and ..
Allegation I). In addition, the comp laint alleged that the
Cb
X6); (b)(7(C)
Colleg_eretaliated against the Student for filing a complaint of sexual violence with the College
l(b)(6); (b)(7(C)
Student 2 (Allegation 2). The complaint further alleged that the CollegelCb
X6); (b)( 7(c)
l(b}(6); (b)(7(C)
(Allegation 3).
This letter is to notify you that OCR is opening for investigation Allegations 1 and 2. Further.
within the U.S. Department of
OCR is referring Allegation 3 to the!<b)(5); (b)(?(C)
Education for its considerat ion. Below is an explanation of OCR ' s determination.

I

OCR is responsib le for enforcing Title IX of the Education Amendments of 1972 (Title lX), as
and its implementin g regu lation at 34 C.F.R . Part 106, which
amended, 20 U.S.C. § 168 1 et~'
prohibit discriminati on on the basis of sex in programs and activities receiving financia l
assistance from the U.S. Depariment of Education. Title lX also prohibits retaliation against any
individual for asserting rights under Title IX , including filing a compla int and/or partic ipating in
a grievance process . The College is subject to Title IX because it is a recipient of Federa l
financial assistance from the U.S. Department of Educatio n.
Allegat ions to Be Opened for Investigation
OCR is opening for investigation Allegation 1 and Allegation 2 because OCR has jurisdiction
over those allegations and because they v-,1eretimely filed. Accord ingly, OCR will investigate
the College's compliance with Title lX and will examine the following issues:

The Department of Education's miss ion is to promote s wd em achievement and preparation for g lobal competitiveness by
fos tering educational exce llence and ensuring equal access.

 5

Page 2 of3 - r_
... )<
_);-(b-)(-?(C
_ )__

•
•

•

__,!ocR
Case No. 01-16-2126

Whether the College failed to implement, publish, and distribute a notice of nondiscrimination, in violation of 34 C.F.R. Section 106.9;
Whether the College failed to respond promptly and equitably to complaints, reports,
and/or incidents involvin the Student and others of sexual harassment including
_. and
sexual violence ,.__
(b)( 6) ; (b)(7(C)
if so, whether the Student and others were subjected to a sexually hostile
environment, in violation of34 C.F.R. Sections I06.8(b), 106.3l(a) and (b); and
Whether the College retaliated a ainst the Student for filino a com laint of sexual
violence by issuing a._Cb_)c_5)_;<_bl_<7_<c_) ---------------------'
in violation of 34 C.F .R. Section 106.71, incorporating by reference 34 C.F .R.
Section I00.7(e).

______________________

OCR notes that it is currently investigating the CoJlege's compliance with Title IX based on
another complaint that was filed against the College. In accordance with OCR's case processing
procedures~ OCR has detennined that it is appropriate to consolidate the investigation of this
complaint with OCR Complaint No. 01-14-2015, in which OCR is currently addressing similar
allegations against the College under Title IX.
Please note that opening these allegations for investigation does not imply that OCR has made a
detennination with regard to their 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 allegations. in accordance with the provisions of OCR's Case Processing
Manual. which can be found online at:
http://vvww2.ed.gov/about/offices/list/ocr/docs/ocrcpm.html.
Allegation Referred to Clery Act Compliance T earn
In Allegation 3 of your complaint, you allege that the College's actions with respect to
community notifications violated the Clery Act. OCR lacks jurisdiction to enforce the Clery
Act; thus we are referring your Clery Act allegations to the Clery Act Compliance Team (CACT)
within the U.S. Department of Education for its consideration. If you have questions concerning
the Clery Act, the CACT may be contacted via email at: Cleofa)ed.gov, or at the following
address:
U.S. Department of Education
Clery Act Compliance Team
The Wanamaker Building
L00 Penn Square East Suite 511
Philadelphia, Pennsylvania 19107

 Page 3 of 3 -!

(bl(5 l: (b)(?(C)

!OCR Case No. 01-16-2126

Conclusion
We have notified the College that we have opened Allegations l and 2 for investigation. As
noted above, the regulations enforced by OCR prohibit retaliation. Specifically, the regulations
state that no recipient or other person shall intimidate, threaten, coerce or discriminate against
any individual for the purpose of interfering with any right or privilege secured by regulations
enforced by OCR or because one has made a complaint, testified, assisted or participated in any
manner in an investigation, proceedings or hearing held in connection with a complaint. If this
happens, you may file another complaint alleging such treatment.
Under the Freedom of Infonnation 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, it will
seek to protect to the extent provided by law, personally identifiable information that if released,
could constitute an W1warranted invasion of personal privacy.

If you have any questions regarding this letter, please contact Civil Rights Attorney Amy
Fabiano at (617) 289-0007 or Amy.Fabiano 1i~J.ed.gov.

Sincerely,

·

Christine Cohney
Compliance Team Leader