•

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UNITEDSTATESDEPARTMENTOF EDUCATION
OFFICEFORCIVILRIGHTS- REGIONVJ

August 17, 201 1

Reference: 06112126
Dear j(b)(7)(C)
The U.S. Department of Education (Department), Office for Civil Rights (OCR), Dallas
Office , has completed its evaluation of your complaint against Southern Methodist
Unive rsity (SMU), Dallas , TX , which was received in our office on June 2, 20 11. In the
complai nt, you alleged that SMU discriminated agains t you on the bases of race/national
origin and sex/gende r. You also alleged that SMU retaliated against you. Specifically,
you alleged that SMU:

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7
1. Discriminated against you on the basis of sex/gender during the !~~,< )
semester, when SMU failed to take prompt and effective action to address
(i.e., the professor
sex/ gende r based harassment by an SMU~professor
referred to you as a "doody blonde, " a "beauty queen, " and a "hired bimbo " and
stated that you were acting ''bi tchy " during a classroom lecture) , which was
sufficient to constitute a hostile environment , of which SMU had or should have
had notice;
were
2. Discriminated against you on the basis of race/national origin when~
subjected to harassment (base d on race/national orig in) by an SMU~professor
throughout th~ (b)(7
)(C)
!semeste r (i.e., the professor mad e disparaging and
inappropriate commen ts about you and anothe r!(b){?)(C) !female student , such as
accusing you of having othe r students doing you r work and ca lling the othe r
i<b)(?)(C)~tudent " lazy," a " user, " and a "big mistake ");
3. Discriminated again st you on the basis of sex/gender when you were subjected to
harassment based on sex/gender) by an SMU
professor during a grievance
hearing in (b)(l) {b)(7) (i.e., the professor repeated severa l of the inappropriate
j20 I Osemes ter and made other "sexist"
remarks that ~m ade during the
comments);
4. Discriminated against you on the basis of race/national origin when you were
subjected to harassment (based on race/national origin) by an SMU~professor
dur ing a grievance hearing in (b)(7) (b)(7) (i.e. , the professor repeated severa l of
{C)
jsemester and
the inappropriate remar ks that (b) a e uring thq (b)(?)
accused another !(b)(?XC) student of "drugging other students and bragging about
it") ; and

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1999 BRYANST., SUITE 1620, DALLAS, TX 75201-6810
www.ed .gov

The Department of Educa6on's mission is to pr omot e stu dent achi evement and preparation for global competitiv eness
by fos tering educ ational excellence and ensu ring equal access.

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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 VI
of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. § 2000d, and its implementing
regulations at 34 C.F.R. Part I 00, which prohibit discrimination on the grounds ofrace,
color, and national origin. Title VI provides in part:
No person in the United States shall, on the ground of race, color, or
nationa l origin, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance .
Individuals filing a complaint, participating in an investigation, or asserting a right under
Title VI are protected from intimidation or retaliation by 34 C.F.R. § 100.?(e), which
provides in part:
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 [Title VI), or because he has made a complaint, testified, assisted, or
participated in any manner in an investigation, proceeding or hearing under this
part.
OCR is also 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
implem~nting regulations at 34 C.F.R. Part 106, which prohibit discrimination on the
basis of sex. Title IX provides in relevant part:
No person in the United States shall, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination
under any education program or activity receiving Federal financial
assistance . ...
Individuals filing a complaint, participating in an investigation, or asserting a right under
Title IX are protected from intimidation or retaliation by 34 C.F.R. § 106.7 1, which
incorporates 34 C.F.R. § 100.?(e).
SMU is a recipient of Federal financial assistance from the Department. Therefore, OCR
has jurisdiction to process this complaint for resolution under Title VI and IX.

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Because OCR has determined that it has jurisdiction and that the complaint was filed
timely, it is opening allegation one for an investigation. Please note that opening an
investigation pertaining to this allegation in no way implie s that OCR has made a
determination with regard to its merit. During the investigation, OCR is a neutral factfinder, 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 (CPM).
Based on your allegation, OCR will investigate the following issue:
Whether, during the (b)(7)(C)
(b)(7)semester, SMU discriminated against yo u on the
basis of sex/gender by at mg to take prompt and effective action to address the
sex/gender based harassment directed toward you (i.e., an SMU profe ssor referred
to you as a "doody blonde ," a "beauty queen, " and a "hired bimbo" and stated that
you were acting " bitchy" during a classroom lecture) , wh ich was sufficient to
constitute a hostile environment, of which SMU had or should have had notice , in
violation ofTitle IX, at 34 C.F. R. § 106.31.
Please note that OCR's case resolution processes include Early Complaint Resolution
(EC R). EC R allows the parties (the complainant and the institution that is the subject of
the complaint) an opportunity to resolve the complaint allegations quick ly; generally,
soon after the comp laint 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 betw een the parties and work with the parties to help them understand the
legal standards and pos sible remedies. Please Jet OCR know if you are interested in the
ECR process.
Regarding allegation two you alleged that, during the )(7)t (b)(7) semeste r, you were
subjected to race/na tional orig in based hara ssment by an SMU (b) rofessor when the
rofessor made disparag ing and inappropriate comments about you and anoth er l<b)(7)(CJ
(b)(7)(C)tudent. Specifically, you alleged that the professor accused you of having other
students doing your work and called the other (b)(7)
student " lazy," a "user,"
7l <
r(7) (Telephone
and a "big mistak e". Durin g a telephone conference on (b)C
Conference), OCR advised you that Section 106 of OCR's CP provides that OCR will
take action on ly with respect to those complaint allegations that have been filed with
OCR within 180 calendar days of the date of the last act of alleged discrimination, unle ss
the complainant is granted a waiver under Section I 07. At that time, you requested a
waiver of the 180-day filing requirement for this alle ation. You informed OCR that you
filed an internal grievance with SMU in (b)()(C) <r(7) llegin g sex based harassment ;
however, you did not allege race/national origin ase hara ssment. You stated that you
did not pursue an internal grievance alleging race/national origin based harassment
because , to your knowledge, SMU did not have po licies /procedures to resolve
discrimination complaints based on race/national origin. ·

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Section 107 of the CPM provides that the Office Director, or designee, may grant a
waiver of the 180-day filing requirement ·for good cause shown, such as under any of the
following circumstances: (a) the complainant could not reasonably be expected to know
that the act was discriminatory and the complaint allegation was filed within 60 days after
the complainant became aware of the alleged discrimination; (b) the complainant was
unable to file a complaint due to an incapacitating illness or other incapaci tating
circumstances during the 180-day period, and the, comp laint allegation was filed within
60 days after the period of incapacitation ended; (c) the complainant filed a complaint
alleging the same discriminatory conduct within the 180-day period with another Federal,
state , or local civil rights enforcement agency, or Federal or state court, .and filed a
complaint with OCR within 60 days after the other agency had completed its
investigation or, in the case of a court, reached a determination, or the agency or court
notified the complainant that it would take no further action; (d) the complainant filed,
within the 180-day period, an internal grievance, or a due process hearing, alleging the
same discriminatory conduct that is the subject of the OCR complaint, and the complaint
is filed no later than 60 days after the interna l grievance was concluded; or (e) unique
circumstances generated by OCR's action have adversely affected the complainant.
As noted above, CPM Section 107(d) may be appropriate when a comp lainant has filed ,
within the 180-day period, an internal grievance with a recipient of Federal financial
assistance, or a due process hearing, alleging the same discriminatory conduct that is the
subject of the OCR complaint, and the complaint is filed no later than 60 days after the
internal grievance is concl uded. In the subject case , you informed OCR that you did not
file an interna l grievance with SMU with regard to this allegation; therefore, CPM
Section 107(d) does not apply. OCR has further determined that none of the other
grounds for a waiver app ly to this allegation; thus, your request for a waiver of the 180day filing requirement is denied. Accordingly, OCR will dismiss this allegation as
untimely.
In allegations three-five , you also alleged that you were subjected to discrimination on
the bases of sex/gender and race /national origin, during a grievance hearing that was held
in (b)(7) (b)(?) , when an SMU professor repeated several of the inappropriate remarks that
(b) made during the (b)(7)(C)
semester, made various " sexist" comments, and accused
another (b)(7)(C)
stu ent of"drngging other students and bragging about it". You
when the same SMU (b)(7)
further alleged that you were retaliated against in!<b)(?)(C)
professor retalia ted against you by giving you the lowest grade in the (b)(?)(C)
l(b)(7) I because the professor has a problem with "pretty l<b)(?)(C)
!who dress
nicely. "

l

(b)(7)(C) (b)(7) OCR
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dd' .
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d.
c
sent you a etter requesting a 1ttona m ormation regar mg
these allegations. The letter informed you that the information provided in your
comp laint and during the Telephone Conference was not sufficiently detailed for OCR to
infer that discriminat ion or retaliation may have occurred. You were advised that if OCR
did not receive the requested information by August 3, 2011, these allegations would be
dismissed. As of the date of this Jetter, you have not provided OCR with any information
in response to our request. Thus , OCR has determined that these allegations lack

0n

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1

sufficient detail for OCR to infer that discrimination or retaliation may have occurred.
Accordingly, OCR will not proceed further with these allegations.
This letter sets forth OCR's determination in an individual OCR case. This letter is not a
formal statement of OCR policy and should not be relied upon, cited, or construed as
such. OCR's formal policy statements are approved by a duly authorized OCR official
and made available to the public. You may have the right to file a private suit in Federal
court whether or not OCR finds a violation.
Under OCR procedures , OCR is obligated to advise the complainant and the institution
against which a complaint is filed that.intimidation or retaliation again st any individual is
prohibited by regulation s 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 purpo se of interfering with
any right or privilege secured by regulation s enforced by OCR or because one has made a
complaint, testified, assisted or participated in any manner in an inve stigation , proceeding
or hearing held in connection with a complaint.
Under the Freedom of Information Act, it may be necessary to re lease 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 ex tent provided by law, personall y identifiable
information , whic h, if relea sed, could reasonably be expected to constit ute an
unwarranted invasion of per sonal privacy.
OCR is committed to prompt and effective service. We will communicate with you
periodically regarding the status of your comp laint. If you have any question s, you may
contact Mr . Gregory McGhee , the attorney assigned to your complaint at (b)(7)( )
You may also contact me at ...
<b_l<_<
_c-=
J ___
_,
or via email at j<b)(?){C)

I

v.~~
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~ne
P. Martin
Supervisory Attomeyffeam Leader

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UNITED STATES DEPARTMENT

e

OF EDUCATION

OFFICEFOR CIVIL RIGHTS
DALLASOFFICE

Mr. R. Gerald Turner, President
Southern Methodist University
6425 Boaz Lane
Dallas, TX 75205

Reference: 06112126

Dear Mr. 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), Dallas, TX, which was received in our office on June 2,
2011. The complainant alleged that SMU discriminated against her on the basis of
sex/gender. Specifically , the u:rilainant alleged that she was subjected to sex/gender
l\~,(7)jsemester (i.e ., the
based harassment by an SMU < > professor during the j(b){?)(C)
professor referred to the complainant as a "doody blonde," a "beauty queen," and a "hired
bimbo" and stated that she was acting "bitchy" during a classroom lecture). The
complainant further alleged that SMU failed to take prompt and effective action to
address the harassment, which was sufficient to constitute a hostile environment, of
which SMU had or should have had notice.
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 authorit y to the Department , are in compliance with Title IX
of the Educat ion 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. Title IX provides in relevant part:
No person in the United States shall, on the basis of sex, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination
under any education program or activity receiving Federal financial
assistance . ...
SMU is a recipient of Federal financial assistance from the Department. Therefore , OCR
has juri sdict ion to proce ss this comp laint 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 aforement ioned allegation. Please
note that opening an investigation pertainin g 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 compla inant,
the recipient, and other sources , as appropriate. OCR will ensure that its investigation is
1999 BRYAN ST.. SUITE 16 20. DALLA.$, TX 75201-6810

www.ed.gov
The Deparcmenc of Educations missio n is co pr om o ce sw denc achi evem enc ,w d pr ep.m iri on for
global competiril ·eness by fostering edurntio n;iJ excellence ;,nd ensuring equa/ ,1ccess.

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Page 2 - Mr. R. Gerald

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President

legally sufficient and is dispositive of the allegation, in accordance with the provisions of
Article III ofOCR ' s Case ProcessingManual.

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Based on the complainant's allegation, OCR will investigatet he following iss ue:

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Whether, during the (b)( )(C) (b)(?) semester, SMU discriminated against the
complainant on the oasis o sex/gender by failing to take prompt and effective
action to address the sex/gender based harassment directed toward her (i.e., an
SMU ~pro fessor referred to the complainant as a "doody blonde," a "beauty
queen," and a "hired bimbo" and stated that she was acting "bitchy" during a
classroom lecture), 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.
For your information , we have enclosed OCR's ComplaintProcessingProceduresto
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 partie s are willing to try this approach ,
and if OCR determines that ECR is appropriate, OCR will facilitate settlement
discussions between the partie s and work with the parties to help them understand the
legal standards and possible remedie s. You will be contacted in the near future, usually
within ten days from the date of this letter, to discuss this case. 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 responsible Department officials or designees. Enclosed is an initial data
request. Please provide the requested information to OCR within 15 calendar days of the
date of this letter. Please be advised that this request does not preclude OCR from
reque sting additional information during the course of the complaint resolution process.
After reviewing all information ·received, 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 comp lainant and the institution
against which a complaint is filed that intimidation or retaliation against any individual is
prohibited by regulation s 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 indiv idual 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.

 Page 3 - Mr. R. Gerald Tu.

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President

Under the Freedom of Information Act, it may be necessary to release thls document and
related correspondence and records upon request. In the event that OCR receives such a
reques·r,w e- Wilt seek·to-proteet;-to-the-extent.pro.v.id~d
byJa-':Y.,_personall
y identifiable
information , which, if released, could reasonab ly be expected to constitute an-·-·---:-·-----·------unwarranted invasion of personal privacy.
ou have any questions regarding this matter, p lease feel free to contact me at ~~? ) f
or via email a tf <b){l )(C)
J

Cb)(l )(C

Sincerely ,

Gregory D. McGhee
Civil Rights Attorney

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 Initial Data Request for Information
Southern Methodist University

- OCR Reference.lfo .!..0611lli .6__ ____

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To facilitate reso lution of the above-referenced complaint , the Office for Civil Rights
(OCR ) reque sts that Southern Methodi st University (SMU) provide the following
informatio n to OCR within 15 calendar days of the date of the attached letter.

1. The name, address , and telephone number of the person who will serve as SMU's
contact person during the resolution of this complaint ;

2. The name and office telephone number of SMU ' s Title IX Coordinator (plea se be
sure to indicate how this information is disseminated to stude nts);

3. A copy of SMU's Title IX policies and procedures , including grievance
procedures , for the 2009-2010 and 20 10-2011 school years (please be sure to
indicat e how this inform atio n was /is disseminated to students);

4. Provide copies of grievances or complaints filed by the complainant !(6><7>(C)
l(7J(Cl regarding sex/gende r based di scrimination (including harassment), from
__ __,20 IO to present, verbal or written, and all documentation regarding any
inquiries or investigations condu cted by SMU and conclusions or detem1inations
reached. Please also provide the name, title and contact information for all
individuals involved in the processing of the grievances or complaints;

>
y> Hn
{7)l(b)(l )(C)
5. A copy of the roster(s) for the complainant's l2;
class , including the names , and contact information of the students and clinical
instructor(s);
6. A narrative response to the complainant ' s allegations, including identification of
any relevant · witnesses, and any other sup porting documentation SMU would like
OCR to consider. Identi fy indj vidual s by name, po sition/title , tele phone number ,
and reason you ident ified them;

7. A copy of SMU's student handb ook for the 2009-2010 and 2010-2011 school
ear. and if different, a copy of the student handbooks for students enro lled in SMU
(b}(7)(C)
; and
8. Please provide OCR with information regarding any video teleconfer encing
equipment in use by SMU , including IPN or ISDN phone capability. Please
include the name and telephone number for SMU ' s info rmation techno logy
personnel. This information will be used for video conferencing if it is determined
that interview s will be required.