UNITED STATE S DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS, REGION J 5 POST OFF ICE SQUARE, gTH FLOOR BOSTON, MASSACHUSETTS 02109 -3921 OCT2 6 201 0 (b)(6); (b)(7(C) Re: Complaint No . 01-09-2070 Dear (b)(6); (b)(7(C) We are writing to inform you that the U.S. Department of Education e artment), Office for dismissal of the Civil Rights (OCR), has completed its reconsideration of the (b)(5); (b)(?(C) above-referenced complaint that you filed against Tufts University (University) . We have decided to grant your request for reconsideration and accept your complaint for investigation . In your complaint, you alleged that the University discriminated against you on the basis of sex by failing to respond appropriately to your com laints of sexual harassment and assault, which you raised between i (b)(6); (b)(7(C) I and (b)(5); (b)(? Your allegation falls under the jurisdiction of 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 programs or activities that receive Federal financial assistance. The University is subject to the requirements of Title IX because it operates programs and activities that receive Federal financial assistance from the Department. As we mentioned in our October 23 letter, to be considered timely, an OCR complaint must be filed within 180 days of the alleged discrimination. After careful review of your request for reconsideration, OCR has decided that the portions of your complaint pertaining to the concerns you expressed to the University in!~?1~ ~l; !are timely. Therefore, we have decided to grant your request for reconsideration and open the timely aspects of your complaint for investigation. Opening a complaint for investigation in no way implies that OCR has made a determination with regard to the merits of the allegation(s) raised. 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 investigation is legally sufficient and is dispositive of the allegation, in accordance with the provisions of Article III of its Case Processing Manual , which can be found online at: http ://www2.ed .gov/about/offices/list/ocr/docs/ocrcpm.html. A copy of "Information about OCR's Case Resolution Procedures" is enclosed with this letter. Based on your allegation, OCR will investigate the following legal issue: • Whether the University failed to take immediate and appropriate steps to investigate and promptly and effectively respond to notice of possible sexual harassment, in violation of 34 C.F.R. Sections 106.8 and 106.31. The Department of Education's missionis to promotestwlent achievementand preparationfor global competitiveness by fostering educationalexcellenceand ensuingequal access. Page 2 - !(b)(6); (b)(7(C) IComplaint No . 01-09-2070 We will be requesting information from the University regarding the allegation in your complaint. We will contact you again in the next several weeks to discuss your allegation and the information collected. If you have any questions regarding this letter, please feel free to contact Attorneys Trina Ingelfinger, at (617) 289-0004 or Trina .Ingelfinger@ed.gov, or Anthony Cruthird, at (617) 289-0037 or Anthony.Cruthird@ed.gov. You may also contact Donna L. Russell, Team Leader/Civil Rights Attorney at (617) 289-0019 or me at (617) 289-0111. Sincere! (b)(6); (b)(7(C) Thomas J. Hibino Regional Director cc: l(b)(6); (b)(7(C) UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS, REGION I 5 POST OFFICE SQUARE, 8™ FLOOR BOSTON, MASSACHUSETTS 02109-3921 OCT2 6 2010 President Lawrence S. Bacow Office of the President Tufts Universitl Ballou Hall, 2° Floor Medford, Massachusetts 0215 5 Re: Complaint No. 01-09-2070 Dear President Bacow: We are writing to inform you that the U.S. Department of Education (Department) , Office for Civil Rights (OCR), is opening the above-referenced complaint that was filed against Tufts University (University) on !(b)(6);(b)(7 (C) L In her complaint, the Complainant alleged that the University discriminated against her on the basis of sex by failing to respond appropriately to her complaints of sexual harassment and assault, which she raised between !(b)(6);(b)(7(C) land l