UNITED STATES DEPARTMENT OF EDUCATION

REC.ION X
ALASKA
AME~IC:AN SAMCA
G!JAM

OFFICE FOR CIVIL RIGHTS
9152ND AVE.,SUITE3310

1-i'AWA!l
IOAHO

SEATTLE. WA 98:7-t-Hl\19

MO>JTAN.f\

NOV2 7 2017

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KORTHF.R:-1MARJA:--rA
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W ASl-ilNGTON

Dr. Sheila M. Stearns
Interim President
Office of the President

University of Montana ivlissoula
32 Campus Drive
Missoula, t\l!ontana59812-2522
Re:

J.h1iversitr-.9-f.M9_m_ana
Mis_s_qul<l
OCR Reference No. 10182006

Dear Dr. Stearns:
This letter is to notify you that the U.S. Department of Education (Depru1ment), Office for Civil Rights
(OCR) l'cccivcd a complaint against the University of Montana Missoula (university) alleging that the
university discriminated against! <b)(5); (b)(?(C)
!(hereinafter, the student), on the basis of sex. OCR
will investigate whether the university:

1. discriminated a.gains! the student on the basis of sex when it failed to res )Ondappropriately to
incidents of sexual violence reported hy the student during the (b)(5); (b)(?(C) academic

year.

2. discriminated against the student on the basis of sex when it failed to respond appropriately to
incidents of retaliation reported by the student during thd (b)(5); (b)(?(C) !academic year.
OCR ha::;the authority to enforce Title IX of lhe EJucation Amendments of 1972 (Title IX) and its
implementing regulations. Title IX prohibits discrimination on the basis of sex in educational programs
and activities receiving federal financial assistance. The university is a recipient of federal financial
assistance from this Depat1ment and is, therefore, required to comply with Title IX.
OCR will proceed \.Vithan investigation of this complaint because the allegations raise possible violations
of Title IX. OCR's decision to open an investigation does not reflect an opinion by OCR regarding the
merits of the all~gations
the university' .s compliance status with respect lo federal civil rights laws.

or

Complaint allegations may be resolved in a varidy of ways, including:
("Early Complaint

•

an OCR-facilitated resolution berween rhe university and the
Resolution"), wh~re appropriat~;

•

a voluntary written agreement in which the university agrees to take remedial actions that OCR
determines fully resolve the allegation consistent with applicable legal standards; or

complainant

The Departmeut of Educatiou's mission is tu promote student achie·uement and prepamtior1 for global co111petitivt•11css
by fosteri11g ed11c11tio11a{
excellence a11de11S1tl'ing equal access.
w,.,,.w.ed.gov

 Page 2 - OCR Reference Nu. 10182006
•

an investigation by OCR, resulting in findings and a determination as to whether the university
is in compliance with the applicable legal standards and, in the event non-compliance is found,
a wTittenagreement bet\.veen OCR and the university in which the university commits to take
specific steps to comply with applicable laws and regulntions.

It is OCR's responsibility to address the allegations in a fair and impartial maimer consistent vvith the
regulatory requirements and OCR's Case Processing Afanual. Enclosed with this letter is additional
information about OCR's case processing procedures .

As part of its investigation, OCR is requesting information from the university . OCR is authorized
to obtain information pursuant to 34 C.F.R . §100.6(c). OCR is entitled to access information th~t
may otherwise be protected as private or con1i.<ltntialas provtded by 34 C.F.R. §§ 99.31 (a)(.1)(iii)
and 99.35(a)( 1). Please submit the following information by December 12, 2017 :
(b)(7)(A)

 Page 3 ~ OCR Reference 1\o. 10182006
(b)(?)(A )

Thank you for your cooperation in this matter. In addition to the infurmation requested above, OCR may
need to reques1 additional information or documents, interview pertinent personnel, and/or conduct. an

on-site visit.
OCR is commttkd to resolving complaints as promptly as possible. I will contact you or your
designated representative soon to discuss the allegations and the complaint resolution process.
Tfyou have any questions, please contact me by telephone at (206) 607-1607 or by e-mail at
mark.farr@ed .gov; or you may contact Tina Sohaili, J\ttorney, by telephone at (206) 607-1634,

or by e-mail at tina.sohatli@ed.gov.
SiPcerr->]

v

rb )(6); (b)(7(C)

Mark A. Farr

Senior Equal Opporlunily Spec.:ialis(
Enclosure

 UNITED ST ATES DEPARTMENT

OF EDUCATION

OFFICE FOR CIVIL RIGHTS

REG!ON X

1\U\ SKA
A \ 1E"-IC At-.:SA~~OA
Gl~"AM

HAWAII

'115 2,m A \'E. , ~1!ITF 3310
SEAT!Ui, \·VA 98174-1099

IDA!-10
l>lON,A:-!A
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NOR TH ERN M/\ RIA :-IA

NOV2 7 2017

15L1\NUS
OREGO N
WAS J-:JNGTON

{b)(6), (b)(7(C)

Re:

On iversitv of Montana M iss oul_a
OCR Reference No. 10 l 82006

l) car

!(b)(6); (b)(7(C)

Thi s is to notify you th at tlic U.S . Department of Edu catio n (Department), Office for Civil Rights
(O CR ) has completed its evaluati on of the complaint you filed agai nst Universi(y of Montana Missoula
(Lmiversity) alleging that the university d is rjrninat e-d agai nstl
basis of sex . OCR will investigate whether lhe university:

{b)(6),(b )(7{C)

!(here after , th~ sludent ) on the

I. discrim inat ed against the student on the basis of sex \.vhcn it failed to res ond appropriatel y
to inciden ts of sexual vio lence repo nc d by the student duri ng the (b < ); (b)(7{C) academic year.
2. discriminated against the student on the basis of sex \Nhen it failed
to incidents of retnliation re ported by the stud en t during th~ {b)(5); (b)(7

'Spond appropriat ely
academ .ic yea r.

OCR has the authority to en fore.:.:Title IX of the Education Am en dments of 1972 (Title IX) and its
impl ementin g regulation . Title IX prohibits discrimination on the. basis of se x in educational progrmns
and activitie s receiving federal financial assis tance . T he un iversity is a rec ip ient of federal financ ial
ass istance from this Department and is, therefore, ret1uiredto comply with Title IX.

OCR will proceed with an invest igntion of this compl aint hecause the all ega tions rai se poss ible
violations of Title lX . O CR's decis ion to open an inves tigat ion does not refl ect an opi nion by OCR
regarding the merits of Lhe alleg ations or the university 's compli ance status with resp ect to federal

civil rights laws.

·

Complaint allegations may be resolved in a varie ty of ways , including:
•
•

an OCR -faci!it.nted rcsolulion betwe en the uni versity and the compla inant ("Early Com plaint
Reso lution" ), wher e appro priate ;
a voluntary \Vrittenagreem ent in which the university agrees to take remedial actions that OCR
determines fully resolve the allegation consistent \.Vithapplicable legal standards; or

Th e lJepartment of Educa i ion's 111iss'iu11
i." to promote stude-11.tacl,it'vemcnt rmd prep,u-atio11for glob a l compe tit iv euess
liy fnst ering educ,1lio11al ex cellenc e mid ew;11ri11ge.qua/ accc;;s.
,vww.ed .gnv

 Page 2 - OCR Reference No. l O182006
•

an investigation by OCR, resulti11g in findings and a determination as to whether the university
is in compliance ,vith the applicable legal strmdards and, in the event non-compliance is found,
a written agreement between OCR and the univer s ity in which the university commits to take
specific steps to comply with applicable laws and regulations.

It is OCR's responsibility to address the allegations in a fair and impartial manner consistent with the
regulatory requiremems and OCR'::; Cas~ Processing A!anual.
OCR is committed co resolving complaints as p:·omptly as possible. W e will be contacting the
university to discuss the allegations. If you have any questions, please contact me by telephone at
(206) 607-1607 or by e-mail at rnark.farr@ed .gov; or you may contact Tina Sohaili, Attorney, by
telephone at (206) 607-1634 , or by e-mail at tina.sohaili'.~;ed.g ov.
Sincerelv,

l(b}(6}; (b}(7(C}

(b}(6}; (b)( 7 (C}

~v1arkA. Farr
Senior Equal Opportlmity Specialist

I