UNITED STATES DEPARTMEN T OF EDUCATION
OFFICE FOR CIVI L RIGHTS , REGION I

5 POST OFFICE SQUARE, 8th FLOOR
BOSTON, MASSACHUSETTS 02109-3921

September 19, 2017
(b)(6);(b)(7(C)

Re:

Case No. 01-17-2247
Bennington College
l<b)(6);(b)(7(C)

Deru1,__

____________
__,

This letter is to notify you that the U.S. Department of Education (Department), Office for Civil
Rights (OCR) is opening for investigation the above-referenced complaint you filed against
Bennington College (the College). You alleged that the College discriminated against you on the
basis of your sex. Specifically, you alleged that the College failed to promptly and equitably
respond to your reports of sexual assault by another student id(b)(5); (b)(?(C)

I

OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as
amended, 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 programs and activities receiving financial assistance
from the U.S. Department of Education. The College is subject to Title IX because it is a recipient
of Federal financial assistance from the U.S. Department of Educatio n.
Because OCR has determined that it has jurisdiction and that the complaint was timely filed , OCR
is opening the complaint for investigation. Specifically , OCR will examine the following legal
issues:
•

Whether the College failed to respond promptly and equitably to your complaints and
reports of sexual harassment, including sexual violence , and if so, whether the College
perpetuated a sexually hostile environment, in violation of 34 C.F.R. §§ 106.8(b),
106.31(a) and (b); and

•

Whether the College failed to designate a Title IX coordinator to coordinate its efforts to
comply with and carry out its responsibilities under Title IX, including any investigation
of your Title IX reports/complaints , in violation of 34 C.F.R. § 106.8(a).

Please note that opening the complaint for investigation in no way implies that OCR has made a
determination on the merits of the complaint. During the investigation, OCR is a neutral factfinder, collecting and analyzing relevant evidence from you, the College, and other sources , as
appropriate. OCR will ensure that its investigation is legally sufficient and fully responds to the
complaint in accordance with the provisions of OCR 's Case Proces sing Manual, available at:
http://www2 .ed.gov/about/offices/list/ocr/docs/ocrcpm .html .

 Page 2 of 2 - OCR Case No. 01-17-2247
Our goal is the prompt, appropriate resolution of the complaint. While we are proceeding with an
investigatio n, there are other approaches that can achieve this goal. Information on OCR's
complaint processing procedures is available at http ://www.ed.gov/ocr/complaints-how.html .
Please note the section on Early Complaint Resolution (ECR). Under this voluntary, informal
approach, similar to mediation, OCR helps facilitate settlement discussions between you and the
College. If you believe ECR can be useful in this case, please contact the OCR staff person
identified below as soon as possible.
Please be advised that the College must not harass , coerce, intimidate, discriminate, or otherwise
retaliate against an individual because that individual asserts a right or privilege under a law
enforced by OCR or files a complaint, testifies, assists, or participates in a proceeding under a law
enforced by OCR. If this happens, the individual may file a retaliation complaint with OCR.
Under the Freedom of Information Act, it may be necessary to release this document and related
correspondence and records upon request. If OCR receives such a request, we will seek to protect
personally identifiab le information that could reasonably be expected to constitute an unwarranted
invasion of personal privacy if released, to the extent provided by law.
If you have any questions, please contact Civil Rights Attorney James Moser at (6 17) 289-0146 or
James.Moser@ed.gov.

Sincere ly,
(b)(6); (b)(7(C)

Emma Kim
Acting Compliance Team Leader

 UNITED STATES DEPARTMENT OF EDUCATION
OFFICE FOR CIVIL RIGHTS, REGION I
5 POST OFFICE SQUARE, 8th FLOOR
BOSTON, MASSACHUSETTS 02109-3921

September 19, 2017
Mariko Silver
President
Bennington College
1 College Drive
North Bennington , VT 05257
By email to: msilver@bennington .edu
Re:

Case No. 01-17-2247
Bennington College

Dear President Silver :
This letter is to notify you that the U.S. Department of Education (Department), Office for Civil
Rights (OCR) has opened for investigation the above-referenced complaint filed against Bennington
College (the College) . The Complainant alleged that the College discriminated against her on the
basis of her sex. Specifically, the Complainant alleged that the C
·
promptly and
equitably respond to her reports of sexual assault by another student i (b)(5); (b)(?(C)
OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as
amended, 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 programs and activities receiving financial assistance
from the U.S . Department of Education. The University is subject to Title IX because it is a
recipient of Federal financial assistance from the U.S. Department of Education.
Because OCR has determined that it has jurisdiction and that the complaint was timely filed, OCR
is opening the allegation for investigation. Specifically , OCR will examine the following legal
issues:
•

Whether the College failed to respond promptly and equitably to a complaint of sexual
harassment, including sexual violence, by the Complainant, and if so, whether the
College perpetuated a sexually hostile environment, in violation of 34 C.F.R. §§
106.8(b), 106.31(a) and (b); and

•

Whether the College failed to designate a Title IX coordinator to coordinate its efforts to
comply with and carry out its responsibilities under Title IX, including any investigation
of the Complainant ' s Title IX reports/complaints , in violat ion of 34 C.F.R. § 106.8(a).

Please note that opening this complaint for investigation in no way implies that OCR has made a
determination on the merits of the complaint. During the investigation, OCR is a neutral factfinder, collecting and ana lyzing relevant evidence from the Complainant, the College , and other
sources, as appropriate. OCR will ensure that its investigation is legally sufficient and fully
responds to the complaint , in accordance with the provisions of OCR 's Case Processing Manual,
available at: http ://www2.ed .gov/about/offices/list/ocr/docs/ocrcpm .htm l.

 Page 2 of 2-Maiiko Silver, President; OCR Case No. 01-17-2247

Our goal is the prompt, appropriate resolution of the complaint. While we are proceeding with an
investigation, there are other approaches that can achieve this goal. Inform ation on OCR's
complaint processing procedures is available at http ://www.e d.gov/ocr/complaints- how.html .
Please note the section on Early Complaint Resolution (ECR). Under this voluntary, informal
approach, similar to mediation, OCR helps facilitate settlement discussions between the
Complainant and the College. If you believe ECR can be useful in this case, please contact the
OCR staff person identified below as soon as possible.
Please also note the section on resolution of a com plaint prior to the conclusion of an investigation.
If the College expresses an interest in resolving the complaint and OCR determines that resolution
of the complaint prior to the completion of the investigation is appropriate, OCR may attempt to
negotiate an agreement with the College pursuant to Section 302 of the Case Processing Manual.
Attached is a request for data necessary to investigate this complaint. OCR requests that the
College submit this information within 15 calendar days of the date of this letter (i.e., by October 4,
2017). We prefer that you submit information electronically, if feasible. If any item in our request
is unclear, or if you experie nce any difficulty complying with this request, please contact us as
provided below prior to the expiration of the 15-day period. Please be aware that OCR may need to
make additional requests for information in the future. If OCR needs to conduct an on-site
investigation, we will notify you in advance.
Please be advised that the College must not harass, coerce, intimid ate, discriminate, or otherwise
retaliate against an individual because that individual asserts a right or privilege under a law
enforced by OCR or files a complaint, testifies, assists, or participates in a proceeding under a law
enforced by OCR. If this happens, the individual may file a retaliation complaint with OCR.
Under the Freedom of Informat ion Act, it may be necessary to release this document and related
correspondence and records upon request. If OCR receives such a request, we will seek to protect
persona11y identifiable information that could reasonably be expected to constitute an unwarranted
invasion of personal privacy if released, to the extent provided by law.
Thank you for your attention to this matter. If you have any questions, please contact Civil Rights
Attorney James Moser at (617) 289-0146 or James.Moser@ed.gov.
Sincerely,

rX6)
;

(bX7(C)

Emma Kim
Acting Compliance Team Leader
Enclosure