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September 26, 2017
Sent via email td<b)(?)(C)

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Public Justice , P.C.
J 620 L Street NW , Suite 630
Washington , DC 20036
Sent via email tq (b)(7)(C)
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omanucc1
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321 North Clark Street , Suite 900
Chicago , Illinois 60654
Re:

Chadron State University
OCR Complaint Number: 07162027

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On November 24, 2015 , the U.S. Department of Education (Depa1iment), Office for Civil Rights
(OCR), received your complaint against the Chadron State College (College) , Chadron.
Nebraska, alleging discrimination on the basis of sex. On May 17, 2016, OCR notified you in a
letter that it would investigate whether the College discriminated against your clients' daughter
(Student) on the basis of sex by failing to take immediate and approp1iate steps to investigate or
otherwise detennine whether the Student was sexually harassed , thereby subjecting the Student
to a hosti le environment. OCR also advised you that it would investigate whether the College
failed to promptly and equitably respond to other complaints , reports and/or incidents of sexual
assault/violence 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 1972 (Title IX) ,
20 United States Code (U.S.C.) § 1681, and its implementing regulation, 34 Code of Federal
Regulations (C.F.R.) Pa11 106. Title IX prohibits disc1imination on the basis of sex in any
education program or activity operated by a recipient of Federal financial assistance (FF A).
As a recipient of FF A from the Department, the College is subject to Title IX.

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During a telephone conference with OCR on February 2, 2017 , you stated that your clients had
filed a complaint with the District Court of Nebraska (Com1) containing the same allegations you
filed with OCR, and that the Court was still processing the complaint. You also provided OCR
with documen tation reflecting that your clients filed their compla int with the Court on
January 30, 20 17.
Under OCR's Case Processing Manual, Section 1lO(b), OCR will administratively close a
complaint when the same allegations have been filed by the comp lainant against the same
1
recipient with a state or federal court. Therefore , OCR is closing the indiv idual allegation
concerning your clients' daughter effective the date of this letter. An OCR complaint may be refiled within 60 days following tennination of the court proceeding if there has been neither a
decision on the merits nor a settlement of the complaint' allegations. Dismi ssal with prejudice is
considered a decision on the merits.
OCR is also closing the systemic allegation as to whether the College failed to promptly and
equitab ly respond to other complaints, rep011sand/or incidents of sexual assault/violence of
which it had notice; and as a result , other students were subjected to a sexualJy hostile
environment. OCR has not obtained sufficient evidence to support either an indi vidual or
systemic finding. OCR is closing the systemic issue pursuant to CP M Section 110(o) becau se
there are no current allegations appropriate for further investigation and resolution.
This Jetter sets fo11hOCR ,s detennination in an individual OCR case. This letter is not a forma l
statement of OCR policy and shou ld not be relied upon , cited , or construed as such. OCR 's
fo1mal policy statements are approved by a duly authorized OCR official and made availab le to
the public. The complainants may have the right to file a private suit in federal com1 whether or
not OCR finds a violation.
Under the Freedom of Ir~formation Act, it may be necessary to release this document and related
correspondence and records upon request. In the event that OCR receives such a request, we will
seek to protect, to the extent provided by law, personally identifiab le inforn1ation, which, if
released , could reasonably be expected to constitute an unwarranted invasion of persona l
privacy.

If you have any questions , please contact Nate Hicks, Equal Opportunity Specialist , at (8 I 6) 2680583 (voice) or (877) 521-2172 (telecommunica tions device for the deaf) , or by emai l at
nate.hicks @e d.go\'.

I

The Case Processing Manual is available on OCR 's website at
Imp: " ·,,·,,·.~d.!!m . abom 1ortices 'Jist oc.r!doc:-.'ocrcpm .html.

 UN ITED STATES DEPARTl'v1ENT
OF EDUCATIO~
Off lCE FOR Cl V I I IUGt-l T S

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September 26 , 2017
Sent via ema il to:l(b)(7)(C) f<Z
bairdholrn.com
l(b)(7)(C)

Baird Holm LLP
I 700 Farnam Street
Suite 1500
Omaha, Nebraska 68102-2068
Re:

Chadron State Univers ity
OCR Comp laint Number: 07162027

Dea1i<b)(7)(C)
On November 24, 20 15, the U.S. Depa1iment of Education (Depa1iment), Office for Civil Rights
(OCR), received a complaint against the Chadron State College (College), Chadron , Nebraska,
alleging discrimination on the basis of sex. More specifically, the complainants allege the
College d isc1iminated against their clients' daughter (the Student) on the basis of sex by fa iling
to take immediate and approp1iate steps to investigate or otherw ise detem1ine whether the
Student was sexua lly harassed , th ereby subjecting the Student to a hostile environment. OCR
notified you in a letter dated May 17, 2016, that it was opening the complaint for investigation.
OCR also advised you that it would investigate whether the College failed to promptly and
equitably respond to other complaints, reports and/ or incidents of sexual assau lt/violence of
which it had notice; and as a resu lt, other students were subjected to a sexua lly hostile
environment.
OCR is responsible for enforcing Tit le IX of the Education Amendments of 1972 (Title IX),
20 Uni ted States Code (U.S.C.) § 1681, and its implement ing regu lation , 34 Code of Federal
Regu lations (C.F.R.) Part l 06. Tit le IX prohibits discrimination on the basis of sex in any
educat ion program or activity operated by a recipient of Federa l financia l assistance (FFA).
As a recipient of FF A from the Department, the College is subject to Tit le IX.
During a telephone conference with OCR on February 2, 2017, the complainants stated that their
clients had filed a complaint with the District Court of Nebraska (Court) containing the same
allegations they filed with OCR , and that the Court was still processing the complaint. The
complainants also provided OCR with documentation reflecting that their clients had filed a
compla int with the Court on January 30, 2017, against the University.

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- 07 162027

Under OCR's Case Processing Manual at Section 11O(b), OCR will administratively close a
comp laint when the same allegations have been filed by the complainant against the same
recipient with state or federa l court . 1 Therefore, OCR is closing the individua l allegation of this
comp laint effective the date of this letter. An OCR comp laint may be re-fi led wit hin 60 days
following tennination of the court proceeding if there has been neither a decision on the merits
nor a sett lement of the comp laint allegat ions. Dismissal with prejudice is considered a decision
on the mer its.
OCR is also dos ing the systemic allegation as to whether the College failed to promptly and
equitably respond to other complaints, repo1ts and/or incidents of sexual assault / violence of
which it had notice; and as a result , other students were subjected to a sexually hostile
environment. OCR has not obtained sufficient evidence to supp01i either an individua l or
sys temic finding. OCR is closing the systemic issue pu rsuant to CPM Section 110(o) because
there are no cu1Tent allegations appropriate for further investi gation and resolution.
Th is Jetter sets forth OCR 's detem1ination in an individual OCR case. This letter is not a fom1al
statement of OCR policy and should not be relied upon, cited, or construed as such. OCR 's
fonnal policy statements are approved by a duly authorized OCR official and made available to
the pub lic. The complainants may have the right to file a private suit in federa l court whether or
not OCR finds a violation.
Under the Freedom of Information Act , it may be necessary to release this document and related
con-espondence and records upon request. In the event that OCR receives such a request , we will
seek to protect , to the extent prov ided by law, personally identifiable infonnation, which, if
released, could reasonably be expected to constitute an unwarran ted invasion of personal
pnvacy.

If you have any questions, please contact Nate Hicks , Equa l Oppo1iunity Specialist, at (816) 2680583 (voice) or (877) 521-2 172 (telecommunications device for the deaf) , or by ema il at
natc.hicks (a;ed. !.!OV.

Supervisory Attorney

I

The Case Processing Manual is available on OCR's website at
http: ·. 1\-w11 .ed.!.!OI" abo ut 'offices. Iis1·ocr tdocs ,ocrcpm.htm I.