UN IT E D STATES DEP A RTMEN T O F E DU C AT I O N
OFFICE FOR C IVIL RIGHTS , R EGION IV

RE GIO N I V
ALABAMA
FLORIDA

GEORGIA

61 FORSYTH

ST., SOUT HWEST, SUITE 19TI O
AT LA NTA, GA 30303- 892 7

TENNESSEE

September 15, 2017
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Re: OCR Reference No. 04-17-2038
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Or1
the U.S. Department of Education (Department), Office for C1v1lRights
(OCR), received a complaint against Florida State University (University) , which alleged the
University engaged in discrimination on the basis of sex. Specifically, you (Complainant), a
student at the Universit alle ed that the University engaged in discrimination on the basis of
sex when an employee (b)(5); (b)(?(C) engaged in sexual harassment and touched up
inappropriately against your will. You also allege that the University failed to respond to the
alleged harassment in a prompt and equitable manner, and failed to redress the resulting hostile
educational environment. OCR determined that it has the authority to investigate this complaint
consistent with OCR ' s complaint procedures and applicable law.
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, 34 C.F.R. Part 106, which prohibit
discrimination on the basis of sex in any education program or activity operated by a recipient of
Federal financial assistance (FF A) from the Department. The University receives FFA from the
Department and is therefore subject to Title IX and the 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 complaint for investigation. Please note that opening the complaint for
investigation 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 allegation , in accordance with
the provisions of Article Ill of the Case Processing Manual .
Accordingly, OCR will investigate the following legal issue:
•

Whether a University employee subjected the Complainant to sexual harassment or
violence and whether the University promptly and equitably responded to complaints or

 OCR Complaint# 04-17-2038
Pg.2
other sources of notice of the sexua l harassment or violence, in noncompliance with Title
IX and its implementing regulation at 34 C.F.R. §§ 106.31 and 106.8.
OCR is committed to prompt and effective service. If you have any questions about this letter,
please contact Eulen Jang, Attorney, at (404) 974-9467, or by email at Eulen.Jang@ed.gov, or me at
(404) 974-9354.

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Cc: The Law Office of Adria Lynn Silva, L.L.C.

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Sincerely,
( )

 UNITED STAT ES D EPAR TM ENT OF E DU C ATION
O FF ICE FOR CIVIL RIGHT S, R E GIO N IV
6 1 FO RSY T H ST ., SOU T HW EST , SU IT E 19TIO
ATLANTA, GA 30303 - 8927

R EG IO N IV
A L ADAMA
FL OR IDA
G E ORG I A

TENNE S SEE

September 15, 2017
John Thrasher, J.D.
President
Florida State University
211 Westcott Building
Tallahassee , FL 32306-1470
Re: OCR Complaint No. 04-17-2038
Dear President Thrasher:
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lthe U.S. Department of Education (Department), Office for Civil Rights
(OCR) , received a complaint against Florida State University (University) , which allege;.;;;d.,..t,...he......,,,..,,.._
5
...,..1,.,.l,,!.IJ,
·,ll,.l,i,l~ityengaged in discrimination on the basis of sex. Specifically , the Complainan~(b)( ); (b)(?(C)
7
5
(b)( ); (b)( a student at the University , alleged that the University engaged in discrimination on the
basis of sex when an employee! (b)(6);(b)(7(C) I engaged in sexual harassment and touched her
inappropriately against her will. She also alleges that the University failed to respond to the
alleged harassment in a prompt and equitable manner , and failed to redress the resulting hostil e
educational environment. OCR determined that it has the authority to investigate this complaint
consistent with OCR's complaint procedure s and applicable law.
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, 34 C.F.R. Part 106, which prohibit
discrimination on the basis of sex in any education program or activity operated by a recipient of
Federal financial assistance (FF A) from the Department. The University receives FFA from the
Department and is therefore subject to Title IX and the 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 complaint for investigation. Please note that opening the complaint for
investigation 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 allegation , in accordance with
the provisions of Article III of the Case Processing Manual.
Accordingly , OCR will investigate the following legal issue:
•

Whether a University employee subjected the Complainant to sexual haras sment or
violence and whether the University promptly and equitably responded to complaint s or

 OCR Complaint# 04-17-2038
Pg. 2
other sources of notice of the sexual harassment or violence , in noncomplianc e with Title
IX and its implementing regulation at 34 C.F.R. §§ 106.31 and 106.8.
Please read the enclosed document titled OCR 's Complaint Processing Procedures , which includes
information about the regulatory prohibitions against retaliation, intimidation and harassment of
persons who file complaints with OCR or participate in an OCR investigation; and the application
of the Freedom of Information Act and the Privacy Act to OCR investigations.
OCR will conduct a prompt investigation of this complaint. The regulation implementing Title VI,
at 34 C.F.R. § 10'0.6(b) and (c), requires that a recipient of FFA 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. § 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 , 20 U.S.C. § 1232g, OCR may review personally identifiable records without regard to
considerations of privacy or confidentiality.
Accordingly, OCR requests that the University submit the following non-redacted information to
OCR electronically 1 within fifteen (15) calendar days from the date of this letter. Additionally,
please do not provide Social Security numbers in documents or information responsive to these data
requests:
(b)(7)(A)

 OCR Complaint# 04- 17-2038
Pg. 3
(b)(7)(A)

Thank you for your cooperation in this matter. In addition to the infonnation requested above , OCR
may need to request additional information and interview pertinent personnel. During the course of
this investigation , we will conduct one or more on-site visits. You will be contacted to schedule a
mutually convenient time for those visits.
If you have any questions about this letter and to submit documentation, please contact Eulen Jang,
Attorney , at (404) 974-9467, or by email at Eulen.Jang@ed.gov, or me at (404) 974-9354.
(b)(6); (b)(7(C)

Sincerelv,

Scott. R. Sausser , Esq.
Compliance Team Leader
Enclosure