UNITEDSTATESDEPARTMENT OF EDUCATION OFFICEFOROVIL RIGHI'S 1999 BRYANST., SUITE1620 DALLAS, 'IX 75201-6810 REGIONVI ARKANSAS LOUISIANA MBSISSIPPI TEXAS APR 19 2013 (b)(7) (C) Reference: 06-13-2088 DeJ (b)(7)(C) The U.S. Department of Education (Department ), Office for Civil Rights (OCR), Dallas office, has completed its evaluation of the above-referenced complaint against Southern Methodist University (SMU or Universit y), Dallas , Texas, which was received in our office on March 20, 2013. You alleged that SMU discriminated against your client (Student) on the basis of sex when the University failed to appropriately respond when the Student notified the University that he had been sexually assaulted. OCR is responsible for determining whether organizations or entities that receive or benefit from Federal financial assistance , either from the Department or an agency that has delegated investigative authority to the Department , are in compliance with Title IX of the Education Amendments of 1972 (Title IX), 20 U.S .C. § 1681 et seq., and its implementing regulations at 34 C.F .R. Part 106, which prohibit discrimination on the basis of sex. SMU is a recipient of Federal financial assistance from the Department. Therefore, OCR has jurisdiction to process this complaint for resolution under Title IX. Because OCR has determined that it has jurisdiction and that the complaint was filed timely , it is opening the allegation. Please note that opening an investigation pertaining to this allegation in no way implies that OCR has made a determination with regard to its merit. 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 allegation, in accordance with the provisions of Article III of OCR's Case Processing Manual. I OCR will investigate whether during the l(b)(?)(C) school year, SMU discriminated against the Student on the basis of sex by failing to take prompt and effective action to address the sexually harassing conduct directed toward him, which was sufficient to constitute a hostile environment, of which SMU had or should have had notice, in violation of Title IX, at 34 C.F .R. § 106.31. The Departmentof Educati,m's missionis to promote student achievement and preparationfor globalcompetitiveness by fosteringeducationalP.Xcellence and ensuringequalaccess. www.ed .gov Page2 - ._! (b-)(?-)(-C)____ -Jl06-13-2088) Please note that OCR's case resolution processes include Early Complaint Resolution (ECR). ECR allows the parties (the complainant and the institution that is the subject of the complaint) an opportunity to resolve the complaint allegations quickly; generally, soon after the complaint has been opened for investigation, although ECR may take place at any time during the investigative process. If both parties are willing to try this approach, and if OCR determines that ECR is appropriate, OCR will facilitate settlement discussions between the parties and work with the parties to help them understand the legal standards and possible remedies. You will be contacted in the near future, usually within ten days from the date of this letter, to discuss this case. Enclosed with this letter is a brochure explaining the ECR process. Please let OCR know if you are interested in the ECR process . Under OCR procedures, OCR is obligated to advise the complainant and the institution against which a complaint is filed that intimidation or retaliation against any individual is prohibited by regulations enforced by this agency. Specifically, the regulations enforced by OCR, directly or by reference, 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, proceeding or hearing held in connection with a complaint. 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, we will seek to protect, to the extent provided by law, personally identifiab le information, which, if released, could reasonably be expected to constitute an unwarranted invasion of personal privacy . If you have any questions regarding this investigation, please feel free to contact me at (214) 661-9677. Sincerely, -Utr-c- Emily C. Babb Civil Rights Attorney UNITEDSTATESDEPARTMENTOF EDUCATION OFFICEFOR OVIL RIGHTS RECIONVI ARKANSAS LOUlSIANA MISSISSIPPI TEXAS 199'1BRYANST., SUITE1620 DALLAS,1X 75201-6810 APR 1 9 20'3 Dr. R. Gerald Turner, President Southern Methodist University 6425 Boaz Lane Dallas, TX 75205 Reference: 06-13-2088 Dear Dr. Turner: The U.S. Department of Education (Department), Office for Civil Rights (OCR), Dallas office, has completed its evaluation of the above-referenced complaint against Southern Methodist University (SMU of University) , Dallas, Texas, which was received in our office on March 20, 2013. The complainant alleged that SMU discriminated against his client (Student) on the basis of sex when the University failed to appropriately respond when the Student notified the University that he had been sexually assaulted. OCR is responsible for determining whether organizations or entities that receive or benefit from Federal financial assistance, either from the Department or an agency that has delegated investigative authority to the Department, are in compliance with Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. § 1681 et seq., and its implementing regulations at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex. SMU is a recipient of Federal financial assistance from the Department. Therefore, OCR has jurisdiction to proce ss this complaint for resolution under Title IX. Because OCR has determined that it has jurisdiction and that the complaint was filed timely, it is opening an investigation regarding the aforementioned allegation. Please note that opening an investigation pertaining to this allegation in no way implies that OCR has made a determination with regard to its merit. 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 allegation, in accordance with the provisions of Article III ofOCR's Case Processing Manual . on the complainant's allegation, OCR will investigate whether during the!(b)(?)(C) ~school year, SMU discriminated against the Student on the basis of sex by failing to take prompt and effective action to address the sexually harassing conduct directed toward him , which was sufficient to constitute a hostile environment, of which SMU had or should have had notice, in violation of Title rx,at 34 C.F.R. § 106.31. I TheDepartmentol Education's misswn is to promotestudent acfuevo11Kmtand preparatiMfor globttl competitiveness by fosteri11geduL" atianal Pxce/lenceand ensuriJ1gequal a,x ess. www.ed .gov Page 2 - Dr. R. Gerald Turner, President (06- 13-2088) For your information, we have enclosed OCR ' s Complaint Processing Procedures to provide you with an overview of our complaint evaluation and resolution process. Please note that OCR's case resolution processes include Early Complaint Resolution (ECR). ECR allows the parties (the complainant and the institution that is the subject of the complaint) an opportunity to resolve the complaint allegations quickly; generally, soon after the complaint has been opened for investigation, although ECR may take place at any time during the investigative process. If both parties are willing to try this approach, and if OCR determines that ECR is appropriate, OCR wi ll facilitate settlement discussions between the parties and work with the parties to help them understand the legal standards and possible remedies. You will be contacted in the near future , usually within ten days from the date of this letter , to discuss this case. Enclosed with this letter is a brochure explaining the ECR process . Please let OCR know if you are interested in the ECR process . Section l 00.6( c) of Title 34 of the Code of Federal Regulations stipulates that each recipient of Federal financial assistance shall permit access to pertinent sources of information to responsib le Department official s or designees. Enclosed is an initial data request, which is required in assisting our effort s to ascertain compliance with the regulations enforced by OCR. Please provide the requested information to OCR within 15 calendar days of the date of this letter. This reque st may be supp lemen ted through interviews with SMU personnel or any witnesses who may have knowledge of the issue, and if necessary , additional data requests from SMU as the complaint investigation progresses. After reviewing this information or any additional information, OCR will determine whether an on-site investigation is warranted . If so, you will be contacted to arrange a mutually convenient date . Under OCR procedures, OCR is obligated to advise the complainant and the institution against which a complaint is filed that intimidation or retaliation against any individua l is prohibited by regulations enforced by this agency . Specifically, the regulations enforced by OCR, directly or by reference, 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, proceeding or hearing held in connection with a complaint. 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, we will seek to protect, to the extent provided by law , personally identifiable information, which, if released , could reasonably be expected to constitute an unwarranted invasio n of personal privacy. Page 3 - Dr. R. Gerald Turner, President (06-13-2088 ) If you have any questions concerning this investigation , please contact me at (214) 6619677 or Emily.Babb@ed .gov. Sincerely, ~t--W Emily C. Babb Civil Rights Attorney ~(f'v/ Page 4 - Dr. R. Gerald Turner, President (06-13-2088) Southern Methodist University OCR Complaint 06-13-2088 Please provide the following information within 15 calendar days of the date of this letter. You may mail information to the address in the enclosed letter, fax information to (214) 661-9587, or email information to Attorney Emily Babb at Emily.Babb@ed.gov . I . The names and contact information for any and all individuals designated as the University's Title IX Coordinator(s) for the (b)(?)(C) school year. Please indicate the time period(s) such individuals serve as itle IX Coordinator, and for which population(s) within the University they were responsible . 2. A copy of all Title IX policies and procedures, including but not limited to grievance rocedures, complaint processing procedures, and hearing procedures, for the (b)(?)(C) school year . Please include any and all procedure s for investigating or otherwise responding to complaints of sexual harassment, sexua l assault, and/or sexual violence and indicate how these policies or procedures are/were dissem inated to students, faculty, staff and employees. 3. A copy of all complaints or grievances , or any other notice to SMU or the SMU police department , formal or informal, filed by or on behalf of !(b)(7)(C) n