UNITED STATESDEPARTMENTOF EDUCATION
OFFICE FOR CIVIL RIGHTS

1999 BRYANST., SUJTE 1620
DALLAS, TX 75201-6810

REGlONVl
ARKANSAS
LOU1SlANA
MlSSJSSlPPl
TEXAS

September 12, 2017

RE:

Dear

OCR Case No . 06172181
Texas Tech University

r6;

b7A; b7C

This letter is to infonn you that the U.S. Department of Education, Office for Civil Rights
(OCR), Dallas Office, has opened for investigation , the complaint you filed against Texas Tech
University ("TIU" or "University") in Lubbock , Texas. In your complaint, you alleged that the
University discriminated against you on the basis of sex, when it failed to adhere to its grievance
policie! apd pycedures re · · o
plaint you filed with the Univer~it7
6s, 7k 67C
.
d
b6 b7A b7C
.
.
11 .
h s, A, 7C
agamst
stu ent, on · '
b ma ro natel a owmg t e
student to appeal its determination, issued o b6 ; b?A; b?C
OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), 20
U.S.C. §§ 1681 et seq., and its implementing regulation at 34 C.F.R. Part 106, which prohibit
discrimination on the basis of sex in any education prog ram or activity receiving Federal
financial assistance. TTU is a recipient of Federal financial assistance from the Department.
Therefore, OCR has jurisdictional authority to process this complaint for resolution under Title
[)(.

Please note that opening an investigation in no way implies that OCR has made a determination
with regard to the merits of the complaint. During the investigation, OCR is a neutral fact finder,
collecting and analyzing relevant evidence from you, 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 OCR's Case Processing Manual.
Based on a review of your OCR letter of com laint in addition to information obtained during
teleconferences with OCR i b5; b?A; b?C
OCR will investigate the following issue:
Whether, the University discriminated against you on the basis of sex, by failing to
promptly and equitably respond to your sexual assault complaint filed with the University
6
!which was sufficie nt to constitute a hostile enviro ..,..nm~e'*"n-!>"t
__
0 ~b ; b?A; b?C
and of which the University had notice (knew or should have known), during thdb 6; b?A; b?C
academic year, in violation of the Title IX implementing regulation, at 34 C.F.R. §§
106.8 and 106.31.
The Department of Eduaition's mis.<lion
is to promote stude11tad1ieveme11tand preparaUonfor global competitive11ess
by fostering educational excellenceand ensuring equal access.
www.ed.gov

 Page 2-Texas Tech University, Ref. 06-17-2181 Notification Letter (C)

Early Complaint Resolution (ECR ) allows the partie s (you and TIU) an opportunity to resolve
the complaint allegations quickly, generally soon after the complaint has been opened for
investigation. If both parties are interested, and if OCR determines that ECR is appropriate,
OCR will facilitate settlement discussions between the parties and work with the parties to help
them under stand the legal standards and possible remedie s. Please let me know if you are
intere sted in the ECR process.
Thi s 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 statement s are approved by a duly authorized OCR official and made available to
the public. You may hav e the right to file a private suit in federal court, wheth er or not OCR
finds a violation.
Please be advised that the Univer sity may not harass, coerce, intimidate, or discriminate against
any individual because he or she has filed a complaint or participated in the complaint resolution
process. If this happen s, that individual may file a complaint alleging such treatment.
Under the Freedom of Information Act, 5 U.S.C. § 552, it may be necessary to release this
document upon request. In the event that OCR receives such a request, we will seek to protect,
to the extent provided law, personally identifiabl e information , which, if released, could
reasonably be expected to constitute an unwarranted invasion of personal privacy.

If you have any questions about this letter, I am the attorney investigator assigned to this case,
and you may contact me at 214-66 1-9615, or via emai l at tonya.E!entry@ed.gov.
Sincerely,

l(bX6)
;(bX7(C)

Tonya R. Gentry
Senior Attorney
Office for Civil Rights
Dallas Office

Enclosur e: ECR Brochure

 UNITED STATESDEPARTMENTOF EDUCATION
OFFICE FOR CIVIL RIGHTS

1999 BRYANST., SUJTE 1620
DALLAS, TX 75201-6810

REGlONVl
ARKANSAS
LOU1SlANA

MlSSJSSlPPl
TEXAS

September 12, 2017

Dr. Lawrence Schovanec, President
Texas Tech University
150 Administration Building
Box 42005
Lubbock, Texas79409
Transmitted via email to pres.webmaster@ttu.edu and U.S. mail

RE:

OCR Case No. 06172181
Texas Tech University

Dear Dr. Schovanec :
This letter is to inform you that the U.S. Department of Education , Office for Civil Rights
(OCR), Dallas Office, has opened for investigation the above-referenced complaint filed against
Texas Tech University ("TTU" or "University") in Lubbock, Texas. In the complaint, the
complainant alleged that the University discriminated against her on the basis of sex, when it
failed to adhere to its grievance policies and procedures regard~o- a sexual assaultcoroo)ajr the
f'ld
'hh t e u·mvers1ty
· agarnst
. r ·· b7k·b7C Istudent, o b6; b7A; b7C
bo~
.
comp 1amant
1 e wit
6 7
ina ro riatel allowincr! d A,S7C student to appeal the University's determination, issued o~
b6; b7A; b7C

I

OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), 20
U.S.C. §§ 1681 et seq., and its implementing regulation at 34 C.F.R. Part 106, which prohibit
discrimination on the basis of sex in any education program or activity receiving Federal
financial assistance. TTU is a recipient of Federal financial assistance from the Department.
Therefore, OCR has jurisdictional authority to process this complaint for resolution under Title

rx.

Please note that opening an investigation in no way implies that OCR has made a determination
with regard to the merits of the complaint. 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 OCR's Case Processing
Manual.

The Department of Eduaition's mis.<lionis to promote student ad1ievement and preparaUon for global competitiveness
by fostering educational excellenceand ensuring equal access.
www.ed.gov

 Page 2-Texas Tech University, Ref. 06-17-2181 Notification Letter (R)

Based on a review of the OCR letter of complaint, in addition to information obtained during
teleconferences between OCR and the complainant idb6; b?A;b?C
OCR will
investigate the following issue:

l

Whether, the University discriminated against the complainant on the basis of sex
(female), by failing to promptly and eJuitably respond to the comf,lainant's sexual assault
which was sufficient to
complaint filed with the University on b5, b?A,b?C
eot rd of which the University had notice (knew or should
constitute a hostile envirEft
6
have known), during thJb • b?A, academic year, in violation of the Title IX
implementing regulation, at 34 C.F.R. §§ 106.8 and 106.31.
The regulation implementing Title VI of the Civil Rights of 1964, 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 34 C.F.R. Section 106.71. 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), OCR may review personally identifiable records without
regard to considerations of privacy or confidentiality. Therefore, we have enclosed an initial
request for information that is needed for the investigation of this complaint. Please submit the
requested information to our office within 15 calendar days of the date of this letter. Thi s
infom1ation may be supplemented through additional data requests, interview s with personnel
and students, and if necessary, an onsite visit.
Complaints may also be resolved before the conclusion of an investigation if the institution that
is the subject of the complaint expresses an interest in resolving the complaint. Thi s process is
voluntary and must be requested by the recipient. Additionally, the OCR Office Director or
designee must determine that it is appropriate to resolve the complaint during the course of an
investigation. If the voluntary resolution proces s has been determined appropriate, OCR will
immediately notify the complainant of the recipient's interest in resolving the complaint and will
keep the complainant informed throughout all stages of this resolution process. The resolution
agreement is negotiated between OCR and the recipient. The provisions of the resolution
agreement will be aligned with the complaint allegations or the information obtained during the
investigation, and will be consistent with applicable regulations , and a copy of the signed
resolution agreement will be included with the resolution letter. OCR will then monitor the
implementation of the resolution agreement. For your information, we have enclosed OCR' s
Complaint Processing Procedures to provide you with an overview of the OCR complaint
evaluation and resolution process.
Thi s 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 statement s are approved by a duly authorized OCR official and made available to
the public. The complainant may have the right to file a private suit in federal court, whether or
not OCR finds a violation.

 Page 3 -Texa s Tech University, Ref. 06-17-2181 Notification Letter (R)

Please be advised that the University may not harass, coerce, intimidate , or discriminate against
any individual because he or she has filed a complaint or participated in the complaint resolution
proces s. If this happens, that individual may file a complaint alleging such treatment.
Under the Freedom of Information Act, 5 U.S.C. § 552 , it may be necessary to release this
docum ent upon request. In the event that OCR receives such a request, we will seek to protect ,
to the extent provided law , personally identifiabl e information, which, if released, could
reasonably be expected to constitut e an unwarranted invasion of personal privacy.

If you have any question s about this letter, I am the attorney investigator assigned to this case,
and you may contact me at 214-661-9615, or via emai l at tonya.gentry@ed.gov .

Sincerely,

Tonya R. Gentry
Senior Attorney
Office for Civil Rights
Dallas Office

Enclosure