UNITED STATES DEPARTMENT OF EDUCATION
OFFICE FOR CIVIL RIGHTS. REGION I

5 P OST OF FICE SQUARE , gm FLOOR
BOSTON, MASSA CHUSET TS 021 09-3921

DEC
- 3 2015

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

Re:

Case No. 01-15-2159
Western New England University

Dear (b)(6);{b)(7(C) :
The U.S. Department of Education, Office for Civil Rights (OCR) has received the abovereferenced complaint you filed on behalf of Ms. Katherine Jaquith (the Student) against Western
New England University (the University), in which you alleged discrimination on the basis of
sex. Specifically. you alleged that the University failed to promptly and equitably respond to the
Studenrs l!?g;!~>
.<bJ(6J; Icomplaint of sexual assauld(b)(?)(A)
!(the accused)
(Allegation I). OCR has determined that this allegation is appropriate for investigation. OCR
has determined that it will also investigate whether the University failed to respond promptly and
equitably to reports and/or incidents of sexual violence of which it had notice and, as a result,
students were subjected to a sexually hostile environment (Allegation 2).
OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as
amended, 20 U.S.C. § 1681et~-· 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 (the Department). The University is a
recipient of financial assistance from the Department. Therefore, OCR has jurisdictional
authority to investigate this complaint under Title JX.
Because OCR has determined that it has jurisdiction and that the complaint was filed in a timely
manner, it is opening the allegations for investigation. Please note that opening the allegations
for investigation in no way implies 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 (CPM), which can be found onlinc at:
http://www2 .ed.gov/about/ofli ccs/1ist/ocr/docs/ocrcpm.htmI.

-

The Department of &iucation 's mission is to promote student achievement and preparationfor global competitiveness
by f ostering educational excellenceand ensuring equal access.

 Page 2 of2 - !<
...b_l<5_l;_<bl_<7_<c_) __

___,l
OCR Case No. 01-15-2159

Please be advised that regulations enforced by OCR prohibit retaliation. Specifically, the
regulations state that no recipi ent or other person shall intimidate, threaten. coerce or
discriminate against any individual for the purpose of interfe ring with any right or privil ege
secured by regulations enforced by OCR or because one has made a complain t, 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 compla int alleging such treatment.
Under the Freedom of lnforrnation 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.
I

OCR will contact you periodically to discuss the jnvest igation and the complaint resolution
process. In the interim, if you have any questions , please contact Kensle y Barrett, Civil Rights
Attorney , at (617) 289-0072 or Kenslc v.Barrett@:ed.gov, or contact me, at (617) 289-0189 or
Ryan.Milligan fc,J,cd.gov .
Sincerel
(b)(6); (b)(7(C)

Enclosure

 UN ITE D STATES DEPARTMENT OF EDUCATION
OFFI CE FO R CIV (L Rl CIJ TS, REG IO N I

5 POST OFFICE SQUARE. grH FLOOR
BOSTON. MASSAC:HtrSl:-TTS 02109-392 I

DEC
- 3 2015

Anthony S. Caprio, President
Western New England University
1215 Wilbraham Road
Springfield, MA O1119
Re:

Case No. 01-15-2159
Western New England University

Dear President Caprio:
The U.S. Department of Education (Department), Office for Civil Rights (OCR) has received the
above-referenced complaint filed against Western New England University (the University).
The complaint alleges the University discriminated against a student (the Student) on the basis of
sex. Specifically. the complaint alleges the University failed to promptly and equitably respond
to the Student's (bl(7 l(A),(b)(6 ); (bl complaint of sexual assault j<b)(?)(A)
(the
accused) (Allegation 1). OCR has determined that this allegation is appropriate for investigation.
OCR has determined that it will also investigate whether the University failed to respond
promptly and equitably to reports and/or incidents of sexual violence of which it had notice and,
as a result, students were subjected to a sexually hostile environment (Allegation 2).

I

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 a recipient of financial assistance from the
Department. Therefore, OCR has j urisdictional authority to investigate this complaint under
Title TX.
Because OCR has detern1inedthat it has jurisdiction and that the complaint was filed in a timely
manner, it is opening the allegations for investigation. Please note that opening the allegations
for investigation in no way implies 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:
ht1p://www'J...cd.!!ov
/about/ortices/list/ocr/docs/ocrcpm.html.

The Departmem of Education 's mission is to promote s/ude111
aclzievemenrand preparationfor global compe11t1veness
by
fo.~teringeducmiona! excellem:eand l.'n.rnring
et111al
access.

 Page 2 of 2 - Anthony S. Caprio, President ; OCR Case No. 01-15-2159
To facilitate OCR ' s efforts to investigate this complaint. OCR requests that, within fifteen (15)
days of the date of this letter, you provide to OCR the information listed on the enclosed data
request. If OCR does not receive the data in a timely manner , OCR may conduct a site visit to
obtain the data. The regulation implementing Title VI of the Civil Rights Act of 1964. at 34
C.F.R. § 100.6 (b) and (c), requires that a recipient of federal financial assistance make available
to OCR information that may be necessary for it to determine whether a recipient is in
compliance with the regulations it enforces. This requirement is incorporated by reference in the
regulation implementing Title IX, at 34 C.F.R. § 106.71. This informa tion also is being
requested pursuant to the Family Educational Rights and Privacy Act at 34 C.F.R. §
99.3 l(a)(3)(iii), which allows OCR to review non-redacted personally identifiable records
without regard to considerations of privacy or confidentiality.
Please be advised that 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.
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 identifiab le information that if released,
could constitute an unwarranted invasion of personal privacy .
OCR will contact you within twenty (20) days to discuss the allegations and the complaint
resolution proces s. In the interim, if you have any questions, please contact Kensley Barrett.
Civil Rights Attorne y, at (617) 289-0072 or Kenslcy.Barrcuri, ).ed.!!OV,or contact me at, (617)
289-0189 or Ryan.Milliuan <cikd.gov.
Sincerel
(b)(6); (b)(7(C)

Enclosures

 Data Request
OCR Case No. 01-15-2159
!(b)(6); (b)(7(C)
l(the Student)

Western New England University (the University)

Within 20 days of receipt of this data request. please provide the.following ilemsfor academic
years 2012-2013.2013-201./. and 201./-2015. or stale in writinx whether any requested material
does no! exist. Within 20 days o.(its close. please provide thefollowini items.for the.fall semester
o,facademicyear2015-2016. or state in writing whether any requested material does nol exist.
Subsequent to the University ·s response(s) to this data request bw prior to thefi nal stages of ifs
investigation. OCR will accept supplemental materials./i'om the Universily that it believes will
materially impact or a/fer OCR ·s investigation.
(b)(7)(A)

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