UNITED STATES.DEPARTMENT OF EDUCATI ON OFFICE FOR CIVIL RIGHTS 500 WEST MADISO N ST.. SUITE 1475 CHICAGO. IL 60661-4544 REGION\/ ILLJNOIS INDIANA IOWA MINNESOTA NORTH DAKOTA WISCONSIN February 26, 2014 (b)(6); (b)(7(C) Re: OCR #05 - 14-2061 Dear r (6); (b)(7(C) (b)(6); On December 18, (b)(7 the U.S. Department of Education (Department) , Office for Civil Rights (OCR ), re our complaint of discrimination filed against Minot State University (University). You allege that the University discrimina ted against you based on your sex. We have evaluated your comp laint in accordance with OCR's Case Processing Manual (CPM) to detennine whether to open yom complaint for investigation. (b)(6); (b)(7(C) OCR is responsible for enforc ing 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 discrimination 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. OCR has determined that it has jmisdiction over your allegation and that this allegation was timely filed. Therefore , OCR is opening the allegation for investigation. Please note that opening the allegation for investigation in no way implies that OCR has made a determination with regard to its merit. During the invest igation, 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 invest igation is legall y sufficient and is dispositive of the allegations, in accordance with the prov isions of Article III of the CPM. OCR offers, when appropriate, an Early Compla int Resolution (ECR) process to facilitate the voluntary resolution of comp laints by providing an early opportunity for the parties involved to resolve the allegations. Some information about the ECR proce ss is in the enclosure to this letter entitled "OCR Complaint Processing Procedures ." The Department of Education's mission is to promote student achievement and preparation for global compelitiveness by fosteringeducational excellence and ensuring equal access. www.cd.gov Page 2 ~ (b)(6); (b)(7(C) OCR Docket #05-14-2061 In addition , when appropriate, a complaint may be resolved before the conclusion of an investigation when the recipient requests to resolve the complaint. In such cases, a resolution agreement signed by the recipient and submitted to OCR must be aligned with the allegations in the complaint or the information obtained during the investigati on and it must be consistent with applicable regulation s. Information about this process is in the enclosure to this letter. If you have any questions, you may contact Mr. Tom Okawara, Equal Opportun ity Specialist , at (312) 730-1597 or by emai l at Tom.Okawara@ed.gov . Sincerely, ~AM Aleeza Strubel Supervisory Attorne y Enclosure UNITED STATES DEPARTMENT OF EDUCATIO N OFFICE FORCIVIL RIGHTS 500 WEST MADISONST., SUITE 1475 CHICAGO. IL 60661-4544 REGIONV ILLINOIS INDIJ\NA IOWA MINNESOTA NORTH DAKOTA WISCONSIN February 26, 2014 Dr. David Fuller President Minot State University 500 University Avenue West Minot, North Dakota 58707 Re: OCR #05-14-206 1 Dear Dr. Fuller: This is to notify you that the U.S. Department of Education (Depar tment), Office for Civil Rights ~ ), has carefully evaluated the above-referenced comp laint filed with OCR on December 18, against Minot State Unive rsity (University), alleging discriminat ion on the basis of sex. We conducted the evaluation in accordance with OCR's Case Processing Manual to determine whether to open your complaint for investigation. We have determined that we have the authority to investigate the complaint. (b)(6); (b)(7(C) OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C . § 1681, and its implementi ng regulation, 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex. As a recipient of Federa l financial assistance from the Department, the University is subjec t to Title IX. Additiona l 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 the comp laint was filed timely, it is opening the allegation for investiga tion . Please note that opening the allegation for investigation in no way implies that OCR has made a determin ation with regard to its 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 suffic ient and is dispositive of the allegation, in accordance with the provisions of Article Ill of the Case Processing Manual. The Departmentof Education's mission is lo promote student achievement and preparation for global competitiveness by fosteringeducationalexcellenceand ensuringequal access. www.ed.gov Page 2 - Dr. David Fuller OCR Docket#05-14-2061 OCR offers, when appropriate, an Early Complaint Resolution (ECR) process to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegations. Some information about the ECR process is in the enclosure to this letter. In addition, when appropriate, a complaint may be resolved before the conclusion of an investigation after the recipient expresses an interest to OCR to resolve the complaint. In such cases, a resolution agreement signed by the recipient and submitted to OCR must be aligned with the complaint allegation or the information obtained during the investigation and it must be consistent with applicable regulations. Please read the enclosed document entitled "OCR' s Complaint Processing Procedures," which includes information about: • OCR' s complaint processing procedures, including the availability of ECR; • Regulatory prohibitions against retaliation and intimidation 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. 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 a recipient of Federal financial assistance make available to OCR information that may be pertinent to 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 requests that you provide the following information within fifteen (15) calendar days. Wherever possible, please provide the requested information in electronic format. If responsive data are available through the Internet, please provide the link to the data. (b)(7)(A) Page 3 Dr. David Fuller OCR Docket #05-14-206! Page 4 - Dr. David Fuller OCR Docket #05-14-206 l (b)(6); (b)(7(C) ,(b)(7)(A) In addition to the information reques ted above , OCR would like to conduct a site visit in April or May 2014. During the site visit, OCR intends to interview witnesses and conduct focus groups with University students. To facilitate the focus groups, please secure 7-10 individuals from Page 5 - Dr. David Fuller OCR Docket #05-14-2061 (b)(7)(A) Thank you for your cooperation in this matter. OCR may need to request additional information and interview pertinent personnel.. OCR will contact you to schedule a mutually convenient time for the site-visit. Please notify OCR of the name, address and telephone nwnber of the person who will serve as the University's contact person during the processing of this complaint. We would like to talk to this person as soon as possible to discuss the processing of this complaint and we will , at that time , identify the complainant. OCR is committed to prompt and effective service. If you have any questions , please contact Tom Okawara, at 312-730-1597 or by ema il at Tom.Oka wara@ed.gov . Aleeza Strube l Supervisory Attorney Enclosure