·- UNITEDSTATESDEPARTl'vIENT OF EDUCATION OFFICEFORCIVILRIGHTS- REGIONIX November 18, 2010 (b)(6),(b)(7)( C) (In reply, please refer to# 09-11-2027.) l (b)(6),(b)(7)( C) Dear_ This is to acknowledge that the U.S. Department of Education, San Francisco Office for Civil Rights (OCR), received your complaint on November 17, 2010. We are evaluating your complaint to determine whether OCR will accept your allegation(s) for investigation. Our target date for completion of this process is 30 days from the date of this letter. We will send you a letter notifying you of our determination. We require a signed Privacy necessary. Please sign and to us at (415) 486-5570. If calendar days of the date of Act Consent Form when identification of the complainant is return the enclosed form by mail or you may wish to fax it OCR does not receive the signed consent form within 20 this letter, your complaint will be administratively closed. If you are filing on behalf of another person, you are responsible for securing written consent from that individual. If you are filing on behalf of a minor (under the age of 18) or a legally incompetent adult, the consent form must be signed by that person's parent or legal guardian. As noted above, OCR must receive such necessary signed forms within 20 days of the date of this letter or the complaint will be closed. If you require an additional copy of the Consent Form, you can obtain it at http://ed.qovlocrledliteconsentform.html. The enclosed information provides an overview of OCR's complaint evaluation and resolution procedures. If you have any questions concerning this correspondence, please call our office at (415) 486-5555 and refer your case number listed above. r;!\_,~· Sincerely, okthy W. Brady Enclosures 50 IlEALE ST., SUITE 7:!00, SAN FRANCISCO. C,\ 94105 w\.,,w.ed.gov Tile Dep;,rtmenc orEducation's mission is 10 promote swdent achic\-cmem ~md prep;ir:i(ion for global compelilivenr:ss by foscering educ.1cional e\'cellence and ensuring equal ,1ccess. - ..--.. . U~1fED STATESDEPARTMENTOF EDUCATION OFFICEFORCJVJLRIGHTS- REGIONIX NOV2 2 2010 (In reply, please refer to case no. 09-11-2027) l (b)(6),(b)(7)(C) Dear L-----....1 On November 17, 2010, the U.S. Department of Education, Office for Civil Rights (OCR), received your complaint against Biohealth College (Recipient). Your complaint alleges discrimination on the basis of sex. OCR currently understands your allegations to be: 1. You were subjected to harassment by a Recipient employee based on sex, and that the Recipient failed to respond appropriately and effectively to notice of the harassment. We have determined that your complaint is appropriate for investigation under the laws enforced by OCR. OCR enforces Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975. These laws prohibit discrimination on the basis of race, color, national origin, sex, disability and age in programs and activities operated by recipients of Federal financial assistance. Additionally, OCR enforces the Boy Scouts of America Equal Access Act, which addresses equal access to school facilities and certain other youth groups. The Recipient receives funds from the Department and is subject to the above laws and their regulations as enforced by OCR. OCR is now beginning the complaint resolution process. Because OCR has determined that it has jurisdiction and that the complaint was filed timely or qualified for a waiver of the timeliness requirement, it is opening these allegations for investigation. Please note that opening the allegation(s) 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 Article Ill of the Case Processing Manual. 50 BEALEST., SUITE7200, SAN FRANCISCO,CA 94 lOS WW\'l.ed.gov The Deparcment of Educacio11'smission is co promote student achievement and prepararion for global competiciveness by fostering educational excellence and e12suring equal access. Page 2 - (09-11-2027} We will contact you or your designated representative soon to discuss the allegations and complaint resolution process. OCR may close this complaint prior to making formal findings of compliance or non-compliance, provided that the circumstances or information gathered establishes an administrative or other basis for resolution in accordance with the Case Processing Manual. Federal regulations prohibit the Recipient from retaliating against you or from intimidating, threatening, coercing, or harassing you or anyone else because you filed a complaint with OCR or because you or anyone else take part in the complaint resolution orocess. Contact OCR if vou believe such actions occur. • J Under the Freedom of Information Act, it may be necessary to ·release this document and related records upon request. In the event that OCR receives such a request, it will seek to protect, to the extent provided by law, personal information that, if released, could reasonably be expected to constitute an unwarranted invasion of privacy. If you have any questions about this letter, please call our office at 415-486-5555. Charles R. Love Program Manager ·-· U~1 i'ED STATESDEPARTMENTOF EDlA,ATION OFFICEFORCIVlLRIGHTS- REGIONIX NOV2 2 2010 Sam Shirazi, Ph.D President BioHealth College 2665 North First Street, Suite 102 San Jose, CA 95134 (In reply, please refer to case no. 09-11-2027.) Dear President Shirazi: On November 17, 2010, the U.S. Department of Education, Office for Civil Rights OCR , received a complaint against BioHealth College (Recipient). The Complainant, Cb X6),Cb X7xc> alleges discrimination on the basis of sex. OCR currently understands the allegations to be: 1. The Complainant was subjected to harassment by a Recipient employee based on sex and the Recipient failed to respond appropriately and effectively to notice of the harassment. We have determined that the allegation stated above is appropriate for investigation under the laws enforced by OCR. OCR will proceed with resolution of the complaint. OCR enforces Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975. These laws prohibit discrimination on the basis of race, color, national origin, sex, disability and age in programs and activities operated by recipients of Federal financial assistance. Additionally, OCR enforces the Boy Scouts of America Equal Access Act, which addresses equal access to school facilities and certain other youth groups. The Recipient receives funds from the Depariment and is subject to the above laws and their regulations as enforced by OCR. Because OCR has determined that it has jurisdiction and that the complaint was filed timely or qualified for a waiver of the timeliness requirement, it is opening these 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 jnvestigation is legaJJysufficient and is dispositive of the allegations, in accordance with the provisions of Article Ill of the Case Processing Manual. SOBEALEST., SUITE7200, SANFRANCISCO, CA94105 www.ed.gov The Department of Educaeion 's mission is co promote studem achievemenc and preparation for global competitiveness by foslering educational excellence and ensuring equ,1/ access. .-., Page 2 - (09-11-2027) Enclosed is a copy of The OCR Case Processing Procedures. We will contact you or your designated representative soon to discuss the allegations and complaint resolution process. OCR may close this complaint prior to making formal findings of compliance or non-compliance, provided that the circumstances or information gathered establishes an administrative or other basis for resolution in accordance with the Case Processing Manual. OCR routinely advises recipients of Federal funds and public education entities that Federal regulations prohibit intimidation, harassment or retaliation against those filing complaints with OCR and those participating in the complaint resolution process. Complainants and participants who feel that such actions have occurred may file a separate complaint with OCR. Under the Freedom of Information Act, it may be necessary to release this document and related records upon request. In the event that OCR receives such a request, it will seek to protect, to the extent provided by law, personal information that, if released, could reasonably be expected to constitute an unwarranted invasion of privacy. Your cooperation is appreciated. If you have any questions please contact our office at 415-486-5555. Charles R. Love Program Manager Enclosure UNITED STATES DEPARTMENT OF EDUCATION OFFICEFORCIVILRIGHTS- REGIONIX DEC2 2 2010 Mr. Sam Shirazi, PhD President BioHealth College 2665 North First Street, Suite 102 San Jose, California 95134 (In reply, please refer to case no. 09-11-2027.) Dear President Shirazi: In a letter dated November 22, 2010, the U.S. Department of Education, Office for Civil Rights (OCR), notified you of a complaint filed against BioHealth College alleging discrimination based on sex. The letter described the allegation and OCR's jurisdictional authority. To facilitate resolution of this complaint, please provide the information described in the enclosed Data Request by January 14, 2011. Please also provide the name, address, and telephone number of the person you designate to respond to OCR. Your full and complete response will assist OCR in resolving the complaint. OCR's right to access to this information is found at 34 Code of Federal Regulations, section 100.6(c). Please note that considerations of confidentiality are not a bar to OCR obtaining requested information under section 100.6(c). Your cooperation is appreciated. If you have any questions, please contact Julie Baenziger, the OCR staff-member assigned to investigate this complaint, at (415) 4865502. Sincerely, -111 u;~1/it5tt:i -lar~ B~th McLeod Team Leader 50 BEALEST., SUITE7200, SAN FRANCISCO,CA 94105 w1,-vw.ed.gov The Depanment of Educ;uion's mission is co promote scudeni achievemenc and preparation for global competitiveness by fosceri11geducational excelle!lce a11densuring equal access. -. U.S. Department of Education Office for Civil Rights Data Request BioHealth College Docket Number 09-11-2027 Please provide the following information: 1I• The name and tit!e of the College employee(s) designated to coordinate compliance with Title IX of the Education Amendments of 1972 and to investigate complaints of discrimination on the basis of sex, including sexual harassment. How are students notified of the name, office location, and telephone number of the designated employee(s)? 2. A copy of any College policy prohibiting sex discrimination, including sexual harassment, of students. How are students, staff, faculty, and administrators notified of this policy(ies)? 3. A copy of the College's grievance procedure for student complaints of sex discrimination, including sexual harassment, against employees of the College. How does the College notify students of this procedure? 4. 5. How and 6 did the College become aware ofLCb _x_),-(b)_u_xc_)_...r,:o,~~=-""' "'"C_x_ b )_ ,Cb _X_x_ c)_....i..i~~="'i'nt) allegations of sexual harassment by Cb X6),Cb X7XC) 6 1.. Cb _x _),_ C)_ bu_ x c_) _____ ~· Please include the date(s), nature of the notice, and the names and titles of personnel informed of the harassment. In addition, provide a copy of any related documentation. 6 7 6. A description of the College's response to the complainant's 7. Did the College conduct an investigation? If so, provide copies of all related documentation, including, but not limited to: interview notes, incident reports, investigative findings, and documentation of resulting disciplinary or corrective action. allegations, including what steps were taken, when, and who participated in the process. -. Page 2 - Data Request: 09-11-2027 8. A description of how the College informed the complainant of the outcome of any investigation or responsive action, and a copy of any related documentation. 9. If no investigation was conducted, why not? 10. Copies of all correspondence between the complainant and the College regarding her allegations of sexual harassment. 11. A descriotion of each teleohone call and meetina between the and College representatives regarding her allegations of sexual Please include the date, names of participants, and a summary discussed for each meeting or call. Provide a copy of documentation. such as meeting notes. 12. . d notice . o f a IIega t·ions thatlL.(b)(6).(b)(7)(C) Has the Co IIege ever receive ·--------' I !Cb X6),Cb X7xc) I \J comolainant harassment. of what was any related • I engaged in sexual harassment prior to fall 201 O? If so, describe each incident, including the date, who was involved, the nature of the alleged harassment, how the College was notified, and the College's response. Please also provide copies of all related documentation. 13. A description of any training provided to College administrators, faculty, staff and/or students from the beginning of the 2008-2009 academic year, to date, on the issue of sexual harassment. For each training session, provide the date, the presenter/trainer, a description of the content presented, the type of participants, and whether attendance was required. 14. Any additional information that the College investigation and resolution of this complaint. believes will facilitate the