C1\ . . ED STATES DEPAR1 vlENT or EDL '- t\ Tl ON ( )ff j<:J J•()R <' l \ ' JI. Jrn ; 1rr :-. RI C J<>'\;\ ' II May 17, 20l6 Sent via email to (b)(?)(C) Ii )Ublic·ustice.ncl l(b)(7)(C) Pub lic Justice, P.C. 1620 L Street NW, Suite 630 Washin!:,rton,DC 20036 Sent via email to !(b)(7)(C) jI rh lim .net l(b)(7)(C) Romanucci & Blandin, LLC 33 No1th LaSa .lle Street, 20 1h Floor Chicago, lll inois 60602 Re: Docket ti 07162027 Dear !H< 1,·11 IU<,llt ·:> OF r,OL /\TION tu·c,tci 1, \II May 17, 2016 Sent via email to: tThine.csc.cdu Dr. Randy Rhine, President Chadron State College l 000 Main Street Chadron, Nebraska 6933 7 Re: Docket # 07162027 Dear President Rhine; On November 24, 2015, the U.S. Department of Education (Department), Office for Civil Rights (OCR), received a complaint against the Chadron State College (College), Chadron, Nebraska. alleging discrimination on the basis of sex. We have determined OCR has the authority to investigate this complaint consistent with our complaint procedures and applicable law. The complainants allege the College discriminated against their clients· daughter (the Student) on the basis of sex by failing to take immediate and appropriate steps to investigate or otherwise determine whether the Student was sexually harassed, thereby subjecting the Student to a hostile environment. Additionally, OCR will investigate whether the College failed to promptlyand equitably respond to complaints. reports and/or incidents of sexual assault/v iolence of which it had notice; and as a result, other students were subjected to a sexually hostile environment. OCR is responsible for enforcing Title IX of the Education Amendments of 197'2(Title IX), 20 United States Code (U.S.C.) § 1681, and its implementing regulation, 34 Code of Federal Regulations (C.F.R.) Pa1i 106. Title IX prohibits discrimination on the basis of sex in any education program or activity operated by a recipient of Federal financial assistance (FFA). As a recipient of FF A from the Department, the College is subject to Title IX. Additional infrmnation about the laws OCR enforces is available on our website al http://www.ed.eov/ocr. Because OCR has determined that it has jurisdiction. and that circumstances in this complaint warranted a waiver of the timeliness requirement, it is opening the complain1 for investigation. Please note that opening the complaint for investigation in no way implies that OCR has made a detennination with regard to its merits. During the investigation. OCR is a neutral fact-tinder. 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 ONl: PFTI ICOAT LA~F. IO IO W \LNL ' IS rRJU. SUITE 3~0. KANSAS CITY. MO 6-~I ()6 \vww.cd.gov / 1 I \t·.11/11r't,tl 11114.-ht. rill"!.''. 1,1i.u1n11 1r ltJ/•t,w1ol,• J/lftf,·IJl /, ftf.'l't'II.': 111 ,J1,;/f11 ji,,r;1f/!i/l j,1r ,1/,;;,,,/,,,,,,; ...• 1/ ,.,.,,.,~, /1J {ri.il f'f11.:, 1/:., ;/1,111,,/,, •I,, 11 t' ;r J 11,11;71/ 1 1 . 1 1 Page 2 - Dr. Randy Rhine, President - 07 l 62027 dispositive of the complaint, in accordance with the provisions of Article III of OCR 's Case Processing Manual. 1 Please read the enclosed document entitled OCR Complaint Processing Procedures, which includes infonnation about: • OCR 's complaint evaluation and resolution procedures; • Regulatory prohibitions against retaliation, intimidation, and harassment of persons who tile complaints with OCR or pmticipate in an OCR investigation: and • Application of the Freedom ofTnfom1ation Act and the Privacy Act to OCR investigations. When appropriate, a complaint may be resolved before the conclusion of an investigation after the recipient asks OCR to resolve the complaint. f n such cases, a resolution agreement signed by the recipient and submitted to OCR must be aligned with the complaint allegations or the information obtained during the investigation and must be consistent with applicable regulations. Information about this resolution process is also explained in the enclosed document. If not resolved before the conclusion of the investigation, OCR investigates the complaint allegations and makes a compliance dctcnnination. If OCR determines a recipient has not complied with a regulation enforced by OCR, OCR will attempt to negotiate a written agreement with the recipient in which the recipient commits to take specific steps to bring it into compliance with the applicable laws and regulations. OCR intends 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. I 00.6(b) and (c). requires a recipient of FFA to make available to OCR information that may be pertinent to reach a compliance detennin ation. This requirement is incorporated by reference in the Title IX regulation at 34 C.F.R. § 106.71. Pursuant to 34 C.F.R. 9 100.6(c) and 34 C.F.R. § 99.31(a)(3)(iii), of the regulation implementing the Family Educational Rights and Privacy Acl, 20 U.S.C. 9 1232g, OCR may review personally identifiable records without regard to considerations of privacy or confidentiality. * To expedite our investigation, we request that the College provide the following infonnation to OCR within ( 15) calendar days of the date of this letter (by [June1. ~O'n]). An OCR staff member will contact you within five day~ by telephone to provide you the names of the complainants and the Student. 1 The Case Processing Manuel!is availab le on OCR's website http://www.ed.gov /about 1offices1list/ocr/docs!ocrcpm.html . al Page 3 - Dr. Randy Rhine, President - 07162027 I. For academic years 2013-2014, 20 14-20 15, and 2015-2016, copies of the College's policies and procedures, and/or a description of its practices, governing the investigation of complaints of harassment/assault on the basis of sex. Include a detailed description of the complaint process, including each level of the process, the length of the process, and the types of records maintained. Also, provide the names and titles oflhe College's staff responsible for handling complaints of harassment/assault on the basis of sex, at each level of the process. 2. An explanation of the means by which the College infonned students, parents and employees of the policies and procedures refen-edto in ltem 1, above. Submit copies of all mate1ials disseminated. 3. Copies of publications that contain the College's nondiscrimination notice or website link for any electronic postings of the nondiscrimination notice, and a list of campus locations where the notice of nondiscrimination is physically posted. if any. 4. For academic years 2013-2014, 2014-2015, and 20 I 5-2016, copies of the College's policies and procedures, and/or a description of its practices. governing: (a) disciplinary or con-ective actions that may be taken to address sexual harassment/assault by students, staff and third parties; and (b) the provision of services to the victims of sexual harassment/assault, if any. 5. State whether the College conducts fo<.:usgroups/meetings and/or holds info1mational sessions with the student community (e.g .. women's groups, athletes. residential assistants, fraternity and sorority leaders, etc.) and/or College staff regarding students' rights under Title rx. how lo report possible violations of Title IX, and/or the College's obligation to promptly and equitably respond to Title IX complaints. If so. provide the dates of such events. a description of the attendees. and any materials presented and/or distributed. 6. The name, ofiice address, and telephone number of the College's Title lX Coordinator(s). Indicate the method(s) by which this infonnation is disseminated to students and employees. Provide copies of all publications/websites that contain this info1malion. 7. A detailed description of any training regarding sex discrimination, including sexual harassment and sexual assault, provided to the College's Title lX Coordinator(s) and other College staff, including those administrators responsible for conducting hearings. For each such training, include: a. b. c. d. the date(s) the training was provided; the names and qualifications of the individuals who provided the training; a list of tl1enames and titles of the individuals who attended the training; and copies of any materials distiibuted at the training. Page 4 - Dr. Randy Rhine, President - 07162027 8. Copies of all documentation related to the report(s) of sexua1 assault, as well as reports of harassment and retaliation following the alleged sexual assault, made by or on behalf of the Student, including but not limited to a copy of any W1ittencomplaint(s) or record(s) of oral eornplaint(s), investigative reports, witness statements, hearing transcripts. electronic mail messages (emails), text messages. telephone logs. and corTespondence. 9. A detailed description of the steps and actions the College took in response to all complaints relating to the alleged sexual assault of the Student. and all complaints of alleged harassment, and/or retaliation following the rcp01iof sexual assault, including: a. a description of the procedures employed by the College to investigate the complaints; b. a description of interim remedial measures (academic or other) provided by the College to the Student during the pendency of the investigation; c. the timeline for completion of each stage of the investigation process; d. the types of records maintained; e. the final outcome of all investigation(s); f. the name(s) and title(s) of the College staff involved in the investigation process; g. the evidentiary standard applied by the College to detennine the outcome of the Student complaints; h. copies of the College's Title IX grievance procedures and sex discrimination/harassment (including sexual assault)/retaliation policies and procedures relied upon to respond to any complaints filed by or on behalf of the complainant; and 1. the sex of the complainant, accused person, and witnesses. I 0. Copies of all documentation, including but not limited to. letters, emails, reports. notes. logs, meetjng minutes, hearing transcripts, discipline records. telephone records, Public Safety records, and other external law enforcement agency records related to: a. the College's processing of the complaints filed by the Student or on the Student's behalf; b. the College's handling/investigation of the complaints filed by the Student or on the Student's behalf: including any notices to the pa1iies; c. the disciplinary hearing, including any notices to the parties: d. appeals filed; e. communications between the College and the Student (or anyone acting on her behalf) regarding the accused person; and [ communications regarding the accused person's standing at the College pending completion of the investigation, and/or hearing process. 11. For academic years 2013-2014, 2014-2015, and 2015-2016, a list of a11complaints of sexual harassment or assault, including dating violence. filed by or on behalf of students at the College. Page 5 - Dr. Randy Rhine, President - 07162027 a. b. c. d. For each complaint identified in ltem I 1, provide the following: a detailed description of the complaint processing procedures employed; the len6>1:hof the process; the narne(s) and title(s) of the person(s) responsible for investigating the complaint; e. all actions taken by the College in response to the concerns raised: f. the College's final determination regarding the complaint, and any notice of the findings provided to the complainant; and g. the sex of the complainant, accused person(s), and witnesses. 12. The College's investigative documentation regarding the allegation of sexual harassmt:nt or violence against the Student identified by OCR in this complaint (include witness statements and any documentation responses from the alleged harasser.) l 3. Copies of all correspondence, including emails and any notes from conversations and meetings, between the complainants and the College regarding the alleged sexual harassment. 14. The College's written response to the allegation in this complaint, and any additional information the College would like OCR to consider. OCR requests the College provide the infotmation requested above in electronic fom1atas an attachment to an email or, if the most current documentation is available onlinc, to provide OCR a reference in its data response to the website address or a link where OCR may access the infonnation. In addition, the infonnation may be scanned onto a CD or DVD. lf the College has previously submitted a current version of a requested document to OCR iri another complaint investigation, please infonn us of the docket number of the OCR complaint and OCR will consider the infonnation responsive to our data request. The College may also choose to submit paper copies of the requested information. Thank you for your cooperation in this matter. In addition to the information requested above, OCR may need to request additional infonnation and interview pertinent personnel. If an on-site visit is detennined to be necessary, we wil1 contact you to schedule a mutually convenient lime for tl1e visit. Please notify OCR of the name, address, and telephone number of the person who will serve as the College's contact person during the resolution of this complaint. We would like to speak with this person as soon as possible regarding the infonnation requested in this letter. OCR is committed to prompt and effective service. lf you have any questions, please contact Nate Hicks, Equal Oppo1tunity Specialist. at (816) 268-0583 (voice) or (877) 521-2172 (telecommunications device for the deaf), or by email at nate.hicks@cd.gov. Page 6 - Dr. Randy Rhine. President - 07162027 Sincerely, . Earlene Gordon Supervisory Attomey Enclosure