UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 1350 EUCLID AVENUE. SUITE 325 CLEVELAND.OH 44115 Rt:<.ION XV MIClll(iAN 011111 JUN 09 2017 (b)(7)(A),( b)(6); (b)(7(C) Re: OCR Docket No. 15-17-2122 Dear! (b)(7)(A), l On March 27, 2017. the U.S. Department of Education (the Department) , Office for Civil Rights (OCR). received the complaint you filed against Miami University - Oxford {the University). The complaint alleges that the University discriminated againstl(b)(7)(A),(b kthc Student) on the basis of sex. Specifically , the complaint alle •es tha e University failed to provide a prompt and equitable resolution to the Student's ( )~ )(A),(b complaint of sexual assault. OCR enforces Title IX of the Education Amendments of 1972 (Title IX). 20 U.S .C. § 1681 et seq., and its implementing rCb'Ulationat 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in any education program or activity ope rated by a recipient of Federal financial assistance tram the Depa rtment. As a recipient of Federal financial assistance from the Department. the University is subject to this law . Because OCR has determined that it has jurisdiction and that the complaint was filed timely, it is opening the complaint for investigation . Based on the complaint allegation(s). OCR w ill investigate the following issue{s): • whether the Univers ity provided a prompt and equitable resolution to a student complaint of sex discrimination, as required by the Title IX implementing regulation at 34 C. F .R. § I 06.8(b ): and • whe ther any failure by the University to provide a prompt and equitable resolution subjected the Student to a sexually hostile environment that denied or limited her ability to participate in or benefit from the University's programs , ih violation of the Title IX implementing regulation at 34 C.F.R. § I 06 .31 . Please note that opening an allegation for investigation in no way implies that OCR has made a dctennination with regard to the allegation 's merit s. During the investigation . OCR is a neutral fact-finder, co lle cting and analyzing relevant evidence from the complainant. the recipient , and /7,.,{)qmnm, ·111of Ed11 c mio11·_.111 usi m1 ,s 10pro mmc s111dcm achic l'<:mcnl 0111/ prcpam1irm fi,r J;!lohal CfJ111pe1i1frc11c .<.< b_1•(,,.,1cr111gcd11cmio 11al<1xcdlencc mul e11.rnri11 g equal accc.u . u·w w.~·,l .$!0" other sources, as appropriate. OCR will ensure that its investigation is legally sufficient and is dispo sitive of the allegation(s), in accordance with the provisions of Article Ill of OCR 's Case Processing Manual. OCR works to resolve allegations of discrimination promptly and appropriately. OCR will communicate with you periodically during its investigation. When contacting the office about your case. please refer to OCR Docket Number 15-17-2122. If you have any questions , please contact Ms. Chenelle Love and Ms. Suwan Park. the OCR attorneys assigned to investigate this complaint. Ms. Love can be reached by telephone at (216) 522-7626 or by e-mail at Chenelle.Love@ed.gov , and Ms. Park can be reached by telephone at (216) 522-4972 or by e-mail at Suwan.Park@ed.gov. Sincerely, ( ) ); (b)( (C) ona S. Yarab Supervisory Attorney/Team Leader UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 1350 EUCLID AVENUE. SUITE 325 CLEVELAND. OH 44115 Kt:GION XV ~IICUIGAN 0 1110 J UN 09 2017 Gregory P. Crawford, Ph.D. President Miami University 501 E. High Street Oxford. Ohio 45056 Re: OCR Docket No. 15-17-2122 Dear Dr. Crawford : On March 27, 2017 . the U.S. Department of Education (Department) , Office for Ci vil Rights (O C R), received a complaint against Miami University - Oxford (the Universit y). The complaint all eges that the University discriminated against a student (the Student) on the basi s o f sex. Specifically , the complaint allc •es that the University failed to provide a prompt and equitable resolution to the Student 's (b)( )( ),(b) complaint of sexual assault. OCR enforces 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 I 06 , which prohibit discrimination on the basis of sex in any education program or activity operated by a recipient of Federal financial assistance from the Department. As a recipient of Federal financial assistance from the Department , the University is subject to this Jaw. Because OCR determined that it has jurisdiction and that the complaint was filed timel y, it is opening the complaint for investigation. Based on the complaint allcgation(s), OCR will investigate the following issue(s): • whether the Uni versity provided a prompt and equitable resolution to a student complaint of sex discrimination, as required by the Title IX implementing regulation at 34 C. F.R. § I 06. S(b ); and • whether any failure by the Univer sity to provide a prompt and equitable resoluti on subjected the Student to a sexually hostile environment that denied or limited her abilit y to participate in or benefit from the University's programs , in violation of the T itle IX impl ementin g regulation at 34 C.F.R . § I 06.31. Plea se note that op ening an alleg ation for investigation in no way implies that OCR has made a det ermination with regard to its merits . During the investigation, OCR is a neutral fact-finder, collecting and anal yzing relevant evidence from the complainant, the recipient. and other 7711: Department of r:,l11 catio,i ·s mis.vio11is to promot e st11dent achie ,·emcttt an,/ prcpom tionfo r glo /,a/ compctitil-encs., hy fo., tering cd11 ca1ional excellence a,id cns11 ri11 g equal access. n·ww.,:d.go v Page 2 - Gregory P. Crawford, Ph.D. sources, as appropriate. OCR will ensure that its investigation is legally sufficient and is di spositive of the al\egation(s}, in accordance with the provisions of Article Ill of OCR 's Case Processing Manual. Please read the enclosed document entitled "OCR Complaint Processing Procedure s," which includes information about: • OCR's complaint evaluation and resolution procedures, including the availability of Early Complaint Resolution (ECR); • regulatory prohibitions against retaliation. intimidation, and harassment of persons who file complaints with OCR or participate in an OCR investigation; and • application of the Freedom of Information Act and the Privacy Act to OCR investigations. Additional information about the Jaws OCR enforces is available on OCR 's website at http: //www.cd .gov/ocr. OCR intend s to conduct a prompt investigation of this complaint. The regulation implementing Title VI of the Civil Rights Act of 1964, at 34 C.F. R. § I00.6, which is incorporated by reference in the Title IX regulation at 34 C.F.R. § l 06. 71, requires that a recipient of Federal financial assistance make available to OCR information that may be pertinent to reach a co mpliance detennination. In addition, in accordance with the regulation implementing the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, at 34 C.F.R. § 99.3 l(a)(3)(iii), and the Title VI reb'lllation at 34 C.F.R. § l00.6(c) , OC R may review personally identifiable records without regard to considerations of privacy or confidentiality. Please note that the University doe s not need to duplicate documents and infonnati on it has already provided during OCR 's investiga tion of OCR Docket # 15-16-2200. Howev er. to the extent that the infonnation the University has provided for the inve stigation of OCR Docket # 15-16-2200 is no longer accurate, please provide updated infonn ation. Further, as relevant. please identify which documents the University has already provided to OCR it beli eves are responsive to each request listed below . OCR is requesting that you forward the following infonnation to OCR within fifteen ( 15) calendar day s of the date at the top of this letter. Whereve r possible, please provide the requested infonnation via e-ma il (and Bates-labeled. if you have that capability); otherwise please provide the information via hard copy: (b)(7)(A),(b)(6) ; (b)(7(C) Page 3 - Gregory P. Crawford. Page 4 - Gregory P. Crawford , Ph.D. (b)(7)(A} ,(b}(6) ; (b)(7(C) 9. any other documentation or narrative explanation the University would like OCR to consider in its investigation , including the identification of relevant witnesses. For each individual identified, please provide a name , title. and current contact information. Thank you for your cooperation in this matter. OCR also may need to interview individuals at the University with knowledge of the facts of this case. If OCR dctennines that an onsite visit is necessary, OCR will contact you to schedule a mutually convenient time for its visit. The University is also hereby notified that it should retain all electronically stored infonnation and other records. in their originally created fonnat , containing infonnation related to the subject matter of this complaint, including emails, word processing documents , spreadsheets, databases, calendars. telephone logs, internet files, network access infonnation, and other media-based information (such as personal digital assistants and digital voice mail), even after it has provided OCR with paper copies and whether or not OCR has included the infonnation in this initial data request . Please also retain all non-electronic documents and evidence in whatever fonn. including personal or desk files. calendars, notes, correspondence, drafts, policies. manuals. or other things relevant to the case. Upon receipt of this letter , please notify OCR of the name , addres s, and telephone number of the person who will serve as the University ' s contact person during OCR's investigation of this complaint. If you have any questions , please contact Ms. Chcnelle Love and Ms. Suwan Park, the OCR attorney s assigned to investigate this complaint. Ms. Love can be reached by telephon e at (216) 522- 7626 or by e-mail at Chenelle. Love@ed.gov, and Ms. Park can be reached by telephon e at (216) 522-4972 or by e-mail at Suwan.Park@ed.gov . Sincerely , (b}(6) ; (b)(7(C) Donald S. Yarab Supervisory Attorney /Team Leader Enclosure