UNITE £ )r ATES DEPARTMENT OF EDU CA OFFICE FOR CNIL RIGHTS THE WANAMAKER BUILDING, SUITE 515 100 PENN SQUARE EAST PHILADELPHIA, PA 19107-3323 T['\. ) .J REGION 111 DELAWARE KENTUCKY MARYLAND PENNSYLVANIA WESr VIRGINIA Septemb er 18, 2013 IN RESPONSE , PLEASE REFER TO : 03132 328 Dr. Jonathan Gibralter President Frostburg State University 107 Midlothian Road Frostburg, MD 21532 Dear Dr. Gibralter: On July 29 , 2013, the U.S. Department of Education (Department), Office for Civil Ri hts (OCR), received a complaint against Frostburg State University (the University). {b)(6); {b){7{C) (the Complainant) alleges that the University discriminated against her on the basis of sex . Specifically , the Complainant alleges that the University failed to appropriately respond to complaints of sex ual harassment that she filed with the University in the spring semester 2013. OCR enforces Title IX of the Education Amendments of 1972 (Title IX} , 20 U.S .C. § 1681 , and its implementing regulation, 34 C.F.R. Part 106. Title IX prohibits discr imination on the basis of sex in any education program or activity operated by a recipient of Federal financial assistance. As a recipient of Federal financial assistance from the Department , the University is subject to Title IX and its imp leme nting regulation . Additional information about the laws OCR enforces is available on our website at http ://www.ed .gov/ocr . Because OCR has determined that it has jurisdiction and that the complaint was filed timely , it is opening this allegation for investigation . Please note that opening an allegation for invest igat ion 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 allegations , in accordance with the provisions of Article 111of the Case Proce ssing Manual . Please read the enclosed document entitled "OCR Complaint Processing Procedures ," which includes information about: OCR 's complaint evaluation and resolution procedures ; regulatory prohibitions aga inst retaliation , intimidation and harassment of persons who file complaints with OCR or participate in an OCR investigation ; and application of the Freedom of Information Act and the Privacy Act to OCR investigations . Complaints of this nature can be resolved before the completion of an investigation through voluntary resolution ag reements between OCR and the recipient as follows : • The recipient expresses an interest in resolving the complaint through an agreement ; Tlic Depnrtmcntof Ed11catio11's mission is to promotestudent ncl1icveme11t n11dprepnrntionfor globnlco111pctitivc11css by fosteringed"cntionnlcxcel/e11ce n11de11suri11g eq1111/ access. www.cd.gov ( ) Page 2 - Dr. Jonathan Gibralt i , • • • If the complaint can be resolved through a voluntary resolution agreement, OCR will draft an agreement for the recipient 's review ; If the recipient signs a voluntary resolution agreement , OCR will issue letters notifying the Complainant and the recipient that the case has been resolved ; OCR monitors voluntary resolution agreements ; The complainant is not a party to the agreemen t. OCR intends to conduct a prompt investigation of this complaint. The regulation implementing Title VI, 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 pertinent to reach a compliance determination . Pursuant to 34 C.F.R. § 100.6(c) and 34 C.F.R. § 99.31(a)(3)(iii), of the regulation implementing the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g , OCR may review personally identifiable records without regard to considerations of privacy or confidentiality . Accordingly , OCR is requesting that you forward the following information to us within fifteen (15) calendar days . Please note that in this request, the term "correspondence " includes, but is not limited to, e-mail, meeting notes, interviews , notes of telephone conversations , and all related memoranda . In each instance where a policy is requested but a written policy on the matter at issue does not exist, provide instead an explanation of the University's usual practice . 1. Please provide the name and contact information for the University 's Title IX Coord inator and a written description of how that information is communicated to staff, students , and the public . 2. A copy of the University 's Title IX grievance procedures , including any appeal procedures, and a written description of how those policies are communicated to staff , students and the publ ic. 3. A copy of any investigative manual , guidelines , or any similar document describing how the University investigates complaints of sexual assault , sexual harassment or a hostile environment on the basis of sex. 4 . Copies of all records and correspondence from January 1, 2013 to the present concerning any complaint that the Complainant was sexually assaulted , harassed or subjected to a hostile environment on the basis of sex , including but not limited to : a. any complaint forms , appeals, and/or a .description of any verbal complaints made by the Complainant-or her representat ive(s); . . b. copies of all documented interviews with witnesses ; c. documents obtained during the course of any investigation ; d. the results of the investigation . including a copy of any investigative report ; e. a description of how the University notified the Complainant of the results of the investigation ; and f. a description of any remed ial actions , including interim measures, taken by the University to address the effects of the sexual assault. 5. To the extent that the University may have deviated from its Title IX grievance procedures during the conduct of the investigation or appeal, please explain , why. 6. Please describe any actions taken by the University to enforce sanctions against the Complainant's harasser . Page 3- Dr. Jonathan Gibra1t ) ) 7. Provide a detailed description of training provided to University faculty and staff since fall 2010 covering the topics of sexual harassment and sexual violence or other discrimination based on sex. Include the date(s) provided and the names, titles, and qualifications of the person(s) that who provided the training(s); and lists of attendees and their pdsitions . Pro vide copies of any material provided during the training including power point slides. 8. Provide a detailed description of training provided to individuals responsible for investi gating complaints of sexual harassment and sexual violence and to members of any committees or boards that hear or decide comp laints on sexual harassment and sexual violence . Include the date(s) provided and the names , titles, and qualifications of the person(s) that who provided the training(s); and lists of attendees and their positions . Provide copies of any material provided during the training including power point slides . 9. Provide the following information for all student complaints or reports of (a) sexual harassment or sexual violence that have been brought to the University 's attention (formally or informally) during the 2011-12 and 2012-13 school years. For each complaint identified, please provide the information below with the dates for each step of the process: a. The name , or unique identifier, and sex of the student who made the report or complaint. b. The name or unique identifie r, sex and position (e.g., student, faculty, staff) of the individual against whom the complaint was filed. c. The date each complaint was filed, the date the investigation was started , the date the investigation was completed, the date any hearing was convened, date the final decision was issued, and a description and date of any other step in the process . d. The type of report or complaint filed (i.e., formal or informal). e. The allegation(s) made in the report or complaint includi ng whether it alleged sexual harassment, sexual assault or sexual violence, and whether the incident(s) described in the complaint occurred on or off campus. If off campus, indicate the location, whether the location was hosted or sponsored by the University and whether the location was owned or leased by the University . f. The title of the University office or name of University staff member where the report or complaint was filed (campus police , student services , academic dean , counselor , etc .). g. Indicate whether the complaint was investigated. If yes , provide the name and title of the Univer sity official or staff member who investigated the complaint. If the complaint was not investigated, please indic ate why an investigation was not conducted. h. If the complaint was investigated, provide a copy of all investig ative reports , findings or other documents that describe the outcome and resolution , including a description of all the remedies and sanctions resulting from the decision . i. Indicate whether a hearing was conducted in connection with the complaint. If a hearing was conducted, describe the process used and the names and titles of all persons who participated in the hearing and decision making ; provide a copy of the hearing decision, report or other documents describing the hearing decision, including all documents describing the remedies and sanctions that resulted from the decision. j. Indicate whether an appeal was filed and by whom. If yes, provide a copy of the appeal procedure, identify the staff person responsible for deciding the appeal, and provide a copy of the appeal decision or outcome. ) Page 4 - Dr. J.onathan Gibral~'c) 10. A detailed written response to the allegations of this complaint. 11. Any other information the University believes would be helpful in resolving this matter. In an effort to improve the convenience , accessibility and quality of our interactions with our customers , we request that you submit requested evidence and information by e-mail in an electronic format whenever it is convenien t to do so. This may include using e-mail to forward scanned or saved hard copy documents , PDFs, other e-mails, digital photographs , spreadsheets and databases. When data files are too large for email, a CD by regular mail would achieve a similar result. Similarly , if you have access to e-mail and can receive information from OCR in an electronic format, please provide us with your email address . To the extent that information we have requested (such as relevant policies or procedures) is available online , please provide the URL address(es) where the information is located . In addition , please advise us if you have ready access to a web camera or have other videoconferencing capability, in order for us to facilitate face-to-face communication. Use of these digital media can greatly enhance the quality, speed and efficiency of our case resolution activities . Please notify OCR of the name , address , and telephone number of the person who will serve as the University's contact person during the resolution of this complaint. We would like to talk with this person as soon as possible regarding the information requested in this letter . In addition, OCR may need to request additional information and interview pertinent personne l. If an on-site visit is determined to be necessary, you will be contacted to schedule a mutually convenient time for the visit. Thank you for your cooperation in this matter. If you have any questions , please contact Regina Sheehan at 215-656-8563 or by email at regina .sheehan@ed .gov . Sincerely, ,, . I / \t i-t!3 t2-' lbUaj,_, \.\ Rhasheda S. Douglas Team Leader Philadelphia Office Enclosures & j~,J1 /UL,{« UNITE).;J TATES DEPARTMENTOF EDUCA+iJN OFFICE FOR CIVIL RfGHTS THE WA NA M AKER BUILDING, SU ITE 515 100 PENN SQU ARE EAST PHILADE LPHIA, PA 19107-3323 REGION Ill DEL.AWARE KENTUCKY MARYLAND PENNSYLVANIA WEST VIRGINIA September 18, 2013 IN RESPONSE, PLEASE REFER TO : 03132328 r ){ 6;)(b)()(C J Dear l