UNITED ST A TES DEPARTMENT OF EDUCATlON
OFFICE FOR CTVIL RIGHTS

RECIO

VIII

ARlWN A

COLORADO
NEW MEXI CO

1244 SP EER BLVD, SUITE310
DENVER, CO 80204-3582

UTAH
WYOMING

Apri124,2012
(b)(6); (b)(7(C)

Re:

Southwest Acupuncture College
OCR Case Number : 08-12-2083
(b)(6);

Dear Ms . (b)(7(C)
On February 29, 2012, we received a complaint alleging Southwest Acupuncture College
discriminated on the basis of gender and retaliated. We have determined that we have the
authority to inv~stigate this complain t consistent with our complaint proc edure s and applicable
law.
Specifically, you allege that the College did not respond appropriately to a report of sexual
violence , and retaliated by wi~hdrawing you from the program and denying your request for
readmission.
We are responsible for enforcing Title IX of the Education Amendments of 1972 and its
implementing regulation at 34 C.F .R. Part 106, which prohibit discrimination on the basis of sex
in education programs and activities that receive Federal financial assistance from the
Department. Individuals filing a complaint, participatin g in an investigation, or asserting a right
under Title IX are protected from intimidation or retaliation by 34 C.F.R. § 106.71, which
incorporates 34 C.F .R. § 100.7(e).
As a recipient of Federa l financial assistance from the Department, the College is subject to these
laws and regulations. Additional information about the laws OCR enforces is available on our
website at http://www.ed .gov/ocr.
Because we have jurisdiction and the complaint was filed timely, we are opening these
allegation s for investigation. Please note that opening the allegat ions for investigation in no way
implies that we have made a determination with regard to their merits. During the invest igation,
OCR is a neutral fact-fin der, 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 dispos itive of the allegations, in accordance with the prov isions of Article 1JIof
the Case Pro cessing Manual.
Our procedures also provide for investigations to be terminated if the College has taken actions
that completely resolve the issues in the complaint or if the College and Complainant reach an
agreement through Early Complaint Resolution. You have expressed an interest in participating
The Depart ment of Ed ucation' s mission is to promote student ach ieveme nt and prepa ration for globa l competitiven~s
by fostering educati onal excellence and ensuring equal access .
"'' ww .ed.gov

 Page 2 of2

in Early Complaint Resolution (ECR). If the CoJ1ege is interested in this process, we will
designate staff to facilitate an agreement between you and the College. To the extent possible,
staff assigned to conduct ECR of a complaint shall not be staff assigned to the investigation of
that complaint.
We intend to conduct a prompt investigation of this complaint. The regulation implementing
Title VI, at 34 C.F.R. § I 00.6(b) and (c), requires that a recipient of Federal financial ass istance
make available to OCR information that may be pertinent to reach a compliance determination.
This requirement is incorporated by referen ce in the Title IX regulation at § I 06. 71. Pursuant to
34 C.F.R. § I 00.6(c) and 34 C.F.R. § 99.3 l(a)(3)(iii) , of the regulation implementing the Family
Educational Rights and Privacy Act (FERPA), 20 U.S.C. § I 232g, OCR may review personally
identifiable records without regard to considerations of privacy or confidentiality.
If our investigation establishes that there has been a violation of law, we will attempt to negotiate
a remedy. If we are unable to secure appropriate remedial action, we must initiate formal
enforcement action by commencing administrative proceedings seeking the termination of
Federal funds to the College or a referral to the Department of Justice. These enforcement
procedures will be initiated only if a violation is found and then only if we are unable to
negotiate voluntary remedial action.
Your complaint also referenced age and race discrimination. In a telephone conversation with
our office, you indicated that you did not want to pursue those allegations. Accordingly, our
investigation will not address these issues.
Your complaint also raised concerns with respect to the College not disciplining a male student
who threatened you during a mediation that took place in April of 2011. OCR will take action
only with respect to complaint allegations that have been filed within 180 calendar days of the
date of the last act of alleged discrimination unless the complainant is granted a waiver. You
requested a waiver on grounds that you were not aware that you could file a complaint with
OCR. We find that this request does not qualify for a waiver under the state d circumstances.
Your previous lack of awareness of OCR is not a basis for a waiver. W c are therefore dismissing
this allegation effective the date of this letter.
We are committed to prompt and effective service. If you have any questions , please contact
Sandra Roesti, staff attorney, at 303-844-5942 or by email at sandra. roesti@ed.gov.

s:17)/#1
Thomas M. Rock
Supervisory General Attorney

 UNlTED ST ATES DEPARTMENT OF EDUCATION

REG ION VIII

OFFICE FOR CIVIL RIGHTS

ARIZO NA
COLORAOO
NEWM EXJCO
lIT AH
W YO MJN C

1244 SPEER BLVD, SUITE 310
DENVER, CO 80204-3582

April 24, 2012

Dr. Anthony Abbate
President , Southwest Acupuncture College
1622 Galisteo Street
Santa Fe, NM 87505

Re:

Southwest Acupunctur e College
OCR Case Number: 08-12-2083

Dear Dr. Abbate :
On February 29, 2012, we received a complaint alleging Southwest Acupuncture College
discriminated on the basis of gender and retaliated. We have determined that we have the
authority to investigate this complaint consistent with our complaint procedures and applicable
law.

Specifically , the complainant alleges that the College did not respon d appropriately to a report of
sexual violence, and retaliated by withdrawing the complainant from the program and denying
her request for readmiss ion.
We are responsible for enforcing Title IX of the Education Amendments of 1972 anq its
implementing regulation at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex
in education probrrams and activities that receive Federal financial assistance from the
Department. Individuals filing a complaint , participating in an inves tigation, or assert ing a right
under Title IX are protected from intimidation or retaliation by 34 C.F.R. § 106.71 , which
incorporates 34 C.F.R. § 100.7(e).
As a recipient of Federal financial assistance from the Department, the College is subject to these
laws and regulations . Additional information about the laws OCR enforces is available on our
websit e at http://www .ed .gov/ocr.
Becau se we have jurisdiction and the complaint was filed timely, we are opening these
allegation s for investigation. Please note that opening the allegations for investigation in no way
implies that we have made a determination with rebrard to their merits. During the investigation ,
OCR is a neutral fact-finder , collecting and anal yzing relevant evidence from the complainant ,
the recipient , and other sources, as appropriate. OCR will ensure that its investigation is legally
suffici ent and is dispositive of the allegation s, in accordance with the provisions of Article Ill of
the Case Processing Manual.

Thl' Department of Education 's mission is to promote student achieveme nt and preparation for global w mpetitivcness
by fostering educa tional excellence and ensuring equal access.
·w ww .cd.gov

 Page 2 of3

Please read the enclosed document entitled "OC R Complaint Process ing Procedures'' which
includes information about
o

OCR's complaint evaluation and resolution procedures, including the availability of
Early Complaint Resolution (ECR);

o

Regulatory proh ibitions against retaliation, intimidation and harassment of persons who
file complaints with OCR or participate in an OCR investigation; and

o

Application of the Freedom of Information Act and the Privacy Act to OCR
investigations .

Our procedures also provide for investigations to be terminated if the College has taken actions
that completely resolve the issues in the complaint or if the College and Complainant reach an
agreement through Early Complaint Resolution. The Complainant expressed an interest in
participat ing in Early Complaint Resol ution (ECR). If the College is interested in this process,
we wiJJdesignate staff to facilitate an agreement between the College and the Complainant. To
the extent possible, staff assigned to conduct ECR of a complaint shall not be staff assigned to
the investigation of that complaint.
We intend 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 .
This requirement is incorporated by reference in the Title IX regulation at § I 06. 71. Pursuant to
34 C.F.R. § 100.6(c) and 34 C.F.R. § 99.31 (a)(3)(iii), of the regulat ion implementing the Family
Educational Rights and Privacy Act (FERP A), 20 U.S.C. § 1232g, OCR may review personally
identifiable records without regard to considerations of privacy or confidentiality.

In order to reach an efficient and timely resolut ion to this matter, we are providing you an
opportunity to present the College's response to these allegations and to submit supporting
documentation. We have also determined that the information itemized in the enclosed "Data
Request" is necessary to initiate resolution. We request that this information reach our office as
soon as possible but no later than May 9, 2012 . If any of the requ ired items are available to the
public on the [ntemet, you may provide the website address. You may also send documents to
us by email to sandra.roest i@ed.gov or by fax to (303) 844-4303. Because email is not reliably
secure, please do not email any document that contains personally identifiable or private
information.
If our investigation establishes that there has been a violation oflaw, we will attempt to negotiate
a remedy. If we are unable to secure appropriate remedial action, we must initiate formaJ
enforcement action by commencing administ rative proceedings seeking the termination of
Federal funds to the College or a referral to the Department of Justice. These enforcement
procedures will be initiated only if a violation is found and then only if we are unable to
negotiate voluntary remedial action.

 Page 3 of3

Thank you for your cooperation in this matter. In addition to the information requested above,
we may need to request additional information and interview pertinent personnel. If an on-site
visit is determined to be necessary, you will be contacted to schedule a mutually convenient time
for the visit.
Please notify us of the name, address, and telephone number of the person who will serve as the
College's contact person during the resolution of this complaint. We would like to talk with this
person as soon as possible regarding this matter. We will continue to address letters to your
attention with a comtesy copy to the College's designated contact.
We are committed to prompt and effective service. If you have any questions, please contact
Ms. Sandra Roesti, attorney, at 303-844-5942 or by email at sandra.roesti@ed.gov.

Thomas M. Rock
Supervisory General Attorney
Enclosures - Data Request and "OCR Complaint Processing Procedures"

 Data Request
Office for Civil Rights case number: 08-12-2083
Recipient: Southwest Acu uncture College
Comp lainant: (b)(6); (b)(7(C)
We request that this information reach our office as soon as possible but no later than May 9,
2012. If any of the required items are available to the public on the Internet, you may provide
the website address. You may also send documents to us by email to sandra.roesti @ed.gov or by
fax to (303) 844 -4303 . Because email is not reliably secure, please do not email any document
that contains personally identifiable or private information.

l. The name , title, address and telephone number of the person(s) responsible (if any) for
coordjnating the College's compliance with Title IX and its implementing regulation, which
prohibit discrimination on the basis of sex. If such person(s)'s identity and contact
information is disseminated to students, please include an explanation of how this is done.
2. The College's policy (if any) addressing discrimination , includ ing harassment, against
students on the basis of sex; an explanation of how the policy is publ icized or disseminated
to students, faculty, staff, and administrators; and any written notices about the policy.
3. The name, title and telephone number of the person(s) responsible (if any ) for
implementation of the policy mentioned in Item 2 that relates to sexual harassment/sexual
violence against students.
4. The College's grievance or compla int procedure (if any) available to students who wish to
file a complaint of sexual harassment/sexual violence; an explanation of how the procedure
is publicized or disse minated to students; and any written notices to students about the
procedure. If different procedures cover complaints that involve sexual violence , please also
include this infonnat ion for each procedure.
5. The name, title and telephone number of the person(s) responsible (if any) for investigation
and resolution of compla ints filed by a student under each procedure mentioned in Item 4,
and a description of any specialized trairung provided regarding this respon sibility.

6. Documentation of any information provided to the College regarding an allegation of rape
by studen t!(b)(6); (b)(7(C) including any correspondence, investigative notes , records of
contact, reports of finding s and the like. lf no such documentation exists, provide a written
description of the information provided by the complainant or !(b)(6);(b)(7(C) !(if any), and
the College's response .

l

7. All records of the College's investigation (if any ) of an alleged rape committed by student
l(b)(6);(b)(7(C) J including but not limited to interview notes, notes from phone calls ,
emails, instant messages, police reports, medical reports, witness statements, notes from
meetings , hearing transcripts , and official findings. If official findings were not made
following any report, explain why not.

 8. A narrative explanation of why the comp lainant was allegedly administratively withdrawn
from the College. Please provide a copy of the policy, if any, the College relied upon in
making such decision, if true.
9. A narrative explanation of why the complainant was allegedly declined readmission to the
Co llege. Please provide a copy of the policy, if any, the Co llege relied upon in making such
decision, if true.
10. Any documents relating to the complainant's withdrawal from the College, including but
not limited to interview notes , notes from phone calls, emails, instant messages , and letters.
11. Any documents relating to the complaina nt's request for readmiss ion to the College and the
College 's cons ideration of the request for readmission, including but not limited to interview
notes, notes from phone calls, emails, instant messages , and letters.
12. The name, title, and telephone number of the person(s) who were involved in the decision
against readmitting the complainant to the College.
13. The name, job title and contact information of the individual the College has designated to
be OCR's contact for investigating this complaint.

14. A narrative response to the allegations of this complaint.
15. Any other information that the College believes relevant to this complaint.