UNIT ED STATES DEPARTMENT OF EDUCATIO N OFFICEFOR OVTLRIGIITS 1999 BRYAN STREET,SUITE 1620 REGION VI ARKANSAS LOUISIANA MISSISSIPPI TEXAS DALLAS, TEXAS 75201-6831 November 2, 2017 Sent Via U.S. Mail and Email l DJl6); lDJl7(C) Re: OCRComplaint No. 06142269 Dearj16 JC6J ; tbJt?tcJ This letter is to inform you of the determination made loy the U.S. Department of Education (Department), Office for Civil Rights (OCR), based on its invest igation of the complaint you filed against Cisco College (College), in which you alleged the Colle e failed to romptly and 6J;CbJC?ccJ !{the Student's) CbJC 6J;CbJC?CCJ report of sexual equitably respond to !CbJC assault, of which it had notice, and as a result, the Student was subjected to a sexually hostile environment. Hereinafter, you will be referred to as "the complainant." OCRinvestigated this complaint under the authority of 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 106, which prohibit discrimination on the basis of sex. The College is a recipient of Federal financial assistance from the Department. Therefore , OCR has jurisdictional authority to process this complaint for resolution under Title IX. A finding that a recipient has violated one of the laws that OCR enforces must be supported by a preponderance of the evidence (i.e ., sufficient evidence to conclude that it is more likely than not that unlawful discrimination occurred). When there: is a significant conflict in the evidence and OCR is unable to resolve that conflict, for example, due to the lack of corroborating witness statements or additional evidence, OCRgenerally must conclude that there is insufficient evidence to establish a violation of the law. During the investigation , OCR reviewed and analyzed rE!levant information, documents, and data provided by the complainant, the Student , and the: College, and conducted interviews with the complainant, the Student, witnesses, and relevant College personnel for both the College's Cisco (main) and Abilene campuses. OCR also conducted an onsite invest igation at the Cisco campus, which included focus groups with the College community, and walk-in office hours, TheOepnrt111 c11tof £d11n1tio11's missionis topro111 olest11de11t ncliie11( 111 ent nnd prt?pnmti o11 for globnlco111p etitir,e11 ess c.rcelle11ce n111 / e1•s111 i 11gequnl access. byfosteri11 g i>d11mtio11nl www.ed.g ov Page 2 of 11- (06142269) Letter of Finding to Complainant during which students and staff were invited to come and speak to OCRin person, confidentially, about their experiences or concerns regarding Title IX compliance and the College's environment. Based on our review of this information, OCRdetermined there is sufficien t evidence to support a conclusion of noncompliance w ith Title IX. Provided below is an explanation of how this determination was reached. LEGALSTANDARD The regulat ion implementing Title IX, at 34 C.F.R.§ 106.31, provides generally that, except as provided elsewhere in the regulation, " ... no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any ... education program or activity" operated by recipients e>fFederal financial assistance. The Title IX implementing regulation, at 34 C.F.R.§§ 106.8 and 106.9, also requires a recipient to designate a Title IX Coordinator, adopt grievance procedures, and implement specific and continuing steps to provide notice that it does not discriminate on the basis of sex in its education programs or activities. Sexual harassment that creates a hostile environment is a form of sex discrimination prohibited by Title IX. Sexual hara ssment is unwelcome conduct of a sexual nature, which may include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal or physical conduct of a sexual nature. Sexual harassment creates a hostile environment if the conduct by an employee, another student, or a third party is so severe, persistent or pervasive tha t it denies or limits a student's ability to participate in or bEmefit from the recip ient's program. To investigate or otherwise resolve issues of sexual harassment, OCRconsiders whether: (1) the recipient has a disseminated policy prohibiting sex discrimina ti on under Title IX and effective grievance procedures; (2) the recipient appropriately investigated or otherwise responded to allegations of sexual harassment; and (3) the recipient has taken immediate and effective correction action responsive to any harassment that the investigation determined took place, including effective actions to end the harassment , prevent its recurrence, and, as appropriate, remedy its effects. FINDINGSOF FACTAND ANALYSIS OCRinvestigated whether the College discriminated aw1inst the Student on the basis of ·1·mg to res~on d grompt Iy an d equ1ta . bl y torepor 116 )(6 ; t6)(7(CJ t of sex by f a1 !which , if true, was st.fficient to constitute a hostil~ . sexual assault by!tbnl;t6Jl7tc environment, and of which it had notice (knew or should have known), during the ~ 1m;c!academic year, in violation of Title IX, at 34 C.F.R.§§ 106.8 and 106.31. I Designation and Notice of Title IX Coordinator In accordance with the Title IX regulation at 34 C.F.R.§106.8(a), recipients must designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under the regulation, including complaint investigations alleging its noncompliance with Title IX, Page 3 of 11- (06142269) Letter of Finding to Complainant and notify all of its students and employees of the name, office address, and telephone number of the employee or employees designated . The evidence revealed the College designated the Director of Student Success Programs as the Title IX Coordinator effective June 2014 to present, anc both the Provost for the Abilene campus and the HR Director currently serve as Assistant Title IX Coordinators. Prior to June 2014, the College had no designated employee to coordinate its Title IX complia nce efforts. The College identified three publications that include notice of its Title IX Coordinator: the College's General Catalog (Catalog), College Student Handbook (Handbook), and the College's 1 Policy Manual (Manual). OCRfound neither the Catalog, Handbook, nor Manual in place for the~academic year included the add ress or telephone number of the Title IX Coo~ However, OCRdetermined the College's 2016-17 Handbook designates the specific College employees referenced above to address complaints of sex discrimination (i.e., sexual harassment, includin g sexual violence), and includes their names, titles, locations, phone numbers and email addresses. OCRalso found the CollE?geposts Title IX info rmation directly on its website in the Campus Safety information section, whic h includes identification of the Title IX Coordinator and Assistant Coordinators by name, tit le, location, phone number, and email address. Based on the analysis of the evidence, OCRconcluded the College has a designated Title IX Coordi nator pursuant to Title IX. OCRalso determined t here is sufficient notice from the College to students and employees of the names, office addresses and telephone numbers of the Title IX Coordinator and Assistant Coordinators in the 2016-17 Handbook and on the College's website. Therefore, OCRdetermined the re is sufficient evidence the College complied with the requirements of the Title IX regulation, at 34 C.F.R.§§ 106.8 and 106.9(a), regarding the designation and notice of a Title IX Coordinator. However, OCRnoted some inconsistencies in t he Title IX Coordinator notices appearing in the 2016-17 Catalog and Manual, and an overall lack of Tith~ IX training for the Title IX Coordinator and Assistant Coordinators. Accordingly, OCRprovided technical assistance to the College (e.g., Title IX Coordinator , Assistant Coordinators and other pertinent College officials) on October 20, 2017 to ensure consistency in the College's notice(s) of the Tit le IX Coordinator and Assistant Coordinators in all print and electronic publications, and that College officials have sufficient knowledge of Title IX to perform their duties. The College also committed in the Resolution Agreement, discussed in detail below, to provide annu al, mandatory Title IX training to its responsible employees, including its Title IX Coordinator, Assistant Coordinators, and all other College officials involved in the processing of Title IX complaints. Notification of Title IX Nondiscrimination Policy Title IX at 34 C.F.R.§ 106.9(a), requires that a recipient implemen t specific and continuing steps to notify applicants for employment, student s, employE!eS,and all unions or professional 1 Noted publications are available at the College website: www.cisco.edu. (Last visited July 3, 2017). Page 4 of 11- (06142269) Letter of Finding to Complainant organizations holding collective bargaining or professional agreements with the recipient that it does not discriminate on the basis of sex in the education programs or activities it operates; that the prohibition against discrimination extends to emp loym ent and admission; and that inquiries to recipients concerning the applicat ion of Tit le IX and its implementing regulation may be referred to the Title IX Coordinator or to OCR.Title IX, at 34 C.F.R. § 106.9(b), further requires recipient s to include the notice of nondiscrimination in each announcement, bulletin, catalog, or application form that it makes available to t he persons described above, or which is otherwise used in the recruitment of students or employees . The evidence revealed the College has included varying notices of non discrimination in its Catalog, Handbook, and Manual, as well as on its website, at least one of which contains the requisite infor mation described above. Namely, although it lists the incorrect website address for OCR,the College's Notice of Non-Discrimi nation on the Basis of Gender, which appears on its website, fulfills the ntle IX regulation's requirements .2 Accordingly, OCR concluded there is suff icient evidence the College comp lied with the requi rements of the Title IX regulation, at 34 C.F.R.§ 106.9, regarding notice of nondiscr iminatio n. However, OCR noted mu lt iple versions and/or omissions of a nondiscrimination po licy in College publications and recruitment materials. For example, OCR's review of student recruitment materials on the College's websi t e, as well as information prov ided to prospective employees , such as the employment application form revealed no inclusion of a nondiscrimination statement. Accordingly, OCR pro vided technical assistance to the College on Octobe r 20, 2017 to ensure consistency and inclusion of the notice of no ndiscrimination in each announcement, bull etin, catalog, or application form as requi red by the Title IX regulation, at 34 C.F.R. § 106.9. Adoption and Publication of Title IX GrievanceProcedtues Title IX at 34 C.F.R.§106.8(b) requires recipients to also adopt and publ ish grievance procedures provid ing for the prompt and equitable resolution of comp laints alleging any action prohibited by Title IX. In evaluating whether a recipient's grievance procedures are prompt and equitable, OCRconsiders whether the grievance procedure provides, at a minimum, the following: 1. Notice to students and employees of the procedure , including where complaints may be filed; 2. Application of the procedure to compla ints alleging discrimination carried out by employees, other students, or third parties; 3. Adequate, reliab le, and impartial investigat ion of complaints, including the opportunity to present witne sses and other evidence; 4. Designated and reasonably prompt timefra mes for the major stages of the complaint process; 5. Notice to the part ies of the outcome of the complaint; and 2 The link provided on the College's website is http: //www.hh s.gov/ ocr/civ irights/complaints/index.htrnl. However. the correct link to OCR'swebsite is https:ljwww2.ed.gov/about/offices/list/ocr/docs/howto.htrnl. Page 5 of 11- (06142269) Letter of Finding to Complainant 6. An assurance that the school will take steps to prevent recurrence of any harassment and to correct its discriminatory effects on the complainant and others, if appropriate . The College identified two separate grievance procedu res utilized for students and employees alleging claims of sexual harassment and/or sexual violt~nce: the Handbook's Hearing Committee Procedures (HCP)for student sexual harassment claims, and the Manual's Policy 1.3 for employee sexual harassment claims. OCRalso reviewed The Notice of Non-Discrimination on the Basis of Gender policy document, which the College indicated also includes a grievance procedure for students and employees. OCRreviewed the HCP in place for the academic year, the year at issue in this OCR . tbJ{6j;tbJ(7 . . • complaint. The!cc i !Handbook ind e HCPshou ld be utilized for sexual harassment complaints and defines sexual harassment, but does net set forth grievance procedures. Rather, the HCPestablishes a procedure to appeal an outcome of a grievance. With respect to the 2016-17 academic year, the CollegE• identified two separate procedures to file a complaint, which appear in its 2016-17 Handbook: Discrim ination Procedures/Appeals and Title IX (Sexual Misconduct) Grievances/Appeals. The Discrimination Procedures/Appeals section informs students that this procedure can be used for a complaint of sex discrimination, but the procedure is inconsistent regarding to whom such a complaint should be reported (i.e., first it states that a written grievance "is to be filed with the college's Affirmative Action Officer (Director of Human Resources)," but then later advises students to submit a written grievance to the Dean of Students). This section also sets forth th e requ isite content of a complaint, and describes a hearing and appeal procedure, but does not include any provisions regarding the investigation of complaints. OCR'sreview of the Title IX (Sexual Misconduct) Grievances/Appeals section of the Handbook did not reveal an established grievance procedure for the investigation of Title IX complaints , either. On the contrary, this section simply states to whom a complaint of sexual misconduct (including sexual harassment, sexual assault/violence) should be reported (i.e., the Title IX Coordinator and/or other College official), and establishes an appeal process. Although this section states the College has a duty to invest igate, it does not establish an investig atory procedure. OCR'sanalysis of trfit1~Jlr~e's Title IX policies and proc c~dures, as reflected in the policies and 6 7 procedures for the ; c and 2016-17 academic years, revealed the College,.to date, does not have established grievance procedures to promptly and equitably respond to Title IX student complaints, including sexual harassment/sexua 1violence. Although the College, during OCR'sinvestigation, worked to improve the grievance procedures, the procedures still do not meet the Title IX procedural requirements in multiple rEispects.Specifically, none of the Title IX policies identified by the College as "grievance procedures" actually provide a procedure for students or employees to file a complaint/report, or an invest igative process. Rather, the sexual harassment procedures skip from a complain t or report of sexual harassment to an appeal process. The College's Tit le IX grievance procedures do not provide notice to students and Page 6 of 11- (06142269) Letter of Finding to Complaina nt employees of the procedures or where to file complaints; an application of the grievance procedures to comp laints of sexual harassment filed against employees, other students, and third parties; an adequate , reliable, and impart ial investigation process that includes an equal opportunity to present witnesses and relevant evidence; designated and reasonably prompt timeframes for the grievance process; notice to the parties of the complaint outcome; nor an assurance that the institution will take steps to prevent recur rence of harassment and to correct its discriminatory effects on the complainant ar d others, if appropriate. Moreover, as discussed below, the deficiencies in the College' s grievcmce procedures were, in this case, brought to bear in the College's response to t he Student's complaint. Therefore, OCR dete rmined there is sufficient evidence to support a finding that the College failed to comply with the requirement s ofthe Title IX regulation, at 34 C.F.R. §106.8(b) , regarding adopting and publishing grievance procedures providing for the prompt and equitable resolution of Title IX complaints. College'sResponseto Student's Complaint Consistent with its duty to ensure the non-discr iminatory treatment of stuqents as required by Title IX, at 34 C.F.R§106.31, upon notice of an allegation of sexual harassment, the recipient must appropriately investigate or otherwise respond to the allegations and take immediate and effective corrective action responsive to the harassment, including effective actions to end the harassment, prevent its recurrence, and, as appropriate, remedy its effects. The evidence revea led the Student enrolled L------mrfii:"71 academic year. The Student verbally reported to the College on was sexually assaulted '-------------,.--1 \U)l Student reported to the Co ege t iim1:r---------,.._J The respondent L-------~~~l"!"""'"---------------...LLl.l.lii.--, Student reported the inc-;.;. id :;.e;.;n~t:...; t;,;. o..______________________ to report the incident toL._, __ referred ----1 ___ """'~-----..----"'""".""'-"'""".""'----".""'l!'~~i"!ffl~ repo e a was unable to do so because of the trauma of what The Student then met with ..__ and br ief! discussed 6 . _. The Student but exper ienced. The Student further 6 ~-CJ---.....--...... --- ...... --' 7 Jt-J_ .·tbJtreported [[] was afraid and fearful, as the respondent Lj16_ 6 7 ; c the week after . reported the incident . In addition, the res ondent Page 7 of 11- (06142269) letter of Finding to Complainant OCRinterviewed both of whom began investigating the met with h tatement from the res Based on OCR's review of the re~s~~~~~~.!.!.!.!.!i!.!..):...!.Si~u.i..t...Q.l,td information provided by OCRdetermined that issued the res ond n J...,,~~--------~~~=================================::;---::-~-:--:----:-:~__,.. nd 6 I '-----------'1 t6JtJ;tbJC7CcJ policy set by Cisco College." The College provided information to OCRwhich indicates that, in addition to date of the alleged incident, the respondent had 6J;tbJC7CcJ OCR's review of the Student's investigative file showed that the respondent lt6Jt ltbJ(6); tb)(?(C) I .__ ______ 116 )(6); tb)(7(C) its Ireported to OCRthat the College terminated not reveal any evidence that the College its investigatio n based on I OCR's review of t he Student's l l 0 A6J; l 0 A7lCJ _. investigative file did I l DJl6); lD}l7(C) 6 7 CbJC J;CbJC ccJ I Accordingly, OCR determined that the College made no determination with respect to Title IX(i.e., regarding whether the respondent sexually assaulted the Student and therefore subjected m:J to a hostile environment). 6 '--------___. which resulted in the Studen~t6JC J;tbJC7CcJ with the College tha t the Student locR confirmed which impacted L...--------::===============!:.: h :.:.: e:..S:.:t:.:u:.:d::.e.:.:.nt :::..; a:.:n .:.: d:.t::.:. h:.:: e:...: C:.:o :.:; 11:.::.e2ige consisten tly reported that !tbJ(6); tbJC7CcJ but that rn:::J subsequently ';;.:.;;::.:::;.:;:;:;;;:;!'(=====================r' l semester. The complainant and Student reported that because the Student L----------1 Page 8 of 11 - (06142269) Letter of Finding to Complai nant Ihad to ~-:-:--""::"""':':--:-"""""'"'""'""""'_____________ College failed to th:--e~ St_u_d:-e-n_t _____________ failed to provide L. ...._ A..., s such, OCRconcluded the against the respondent and ..._.:::........, for the Student notwithstandin Based on the foregoing, OCRdetermined that the evidEmce is sufficient to support a finding of a violation regarding the College's failure to promptly and equit ably respond to the Student's P J(6);tbJ(7(cJ report of sexual assault, of which it had notice. OCRdetermined the College failed to provide a prompt adequate , rel iable, and impartial investigation, including an equal opportunity for the respondent and complain an . Specifically, as discussed above, the Colle e I =p::;:; J(:6), ;:;: :::;; ' (6;J( ::;:; :7( :;;:CJ :;;: ====::::::!---.1 Moreover, the respondent !t6Jt6J; tbJt7tcJ L.-----------------' Other Information Considered During the investigation, OCRalso considered other Title IX complaints reportedly received by the College and whether the College promptly and equitably responded to those complaints. OCRnoted similar concerns in other cases as it identified in the Student ' s case (e.g., the College failing to provide an adequate, reliable, and impartial investigation, including an equal opportun ity !t6J(6);tbJt7tcJ !and/or failing to ._116_ Jc6_J;_t6_Jc_7cc _J_____ _, 6 !and/or whethe~r a sexually hosti le environment existed lt6JtJ;tbJC7CcJ for the student). OCRalso found the College routinely failed to d._ t6_Jt6_J;_c6 _Jc_7cc_J________ (6)(6); c6J(7(C) I __, 1 Additionally, OCR's interviews with College officia ls and student focus groups reflected a general lack of knowledge and/or awareness about the College's Title IX policies and procedures, especially with students. Most of the students reported they were aware of some incidents of sexual assault that occurr ed on campus, particula rly incidents occurring r )(6);tbJ( ?(CJ ltbJ(6J; tbJt7tcJ !The majo rity of the students described campus safety and security as poor, and a lack of availability of campus police/security to students after hours. OCR' s interviews with students and College personnel also noted wide ly held beliefs that there were most likely many more incidents of sexual assault occurring than were being reported. I Page 9 of 11- (06142269) Letter of Finding to Complainant The College did not provide OCRwith any information concerning how the College monitored sexual harassment/vio lence on campus, or indicating that it has conducted any surveys or selfassessments. However , OCRalso noted that during the course of OCR's investigation, the College has made concerted efforts to provide ntle IX t raining and information sessions for both students and employees covering the topics of sexual harassment and sexual violence and/or other sex discrimination . CONCLUSION Based on the foregoing, OCRdete rmined that the College designated a Title IX Coordinator and provided sufficient notice for both the Title IX Coordin ator and the College's nondiscrimination policy prohibiting sex discrimination, in compliance with Title IX, at 34 C.F.R.§§ 106.8 and 106.9. OCRalso determined, however, that the College fai led to adopt and publish effective grievance procedures for the prompt and equitable resolution of complaints, in noncompliance with Title IX, at 34 C.F.R.§106.8(b). OCRfurther determined that the College failed to appropriately investigate the Student's report of sexual assault, and to take immediate and effective corrective action responsive to the sexual assault, including effective actions to end the harassment, prevent its recurrence, and remedy its effects, in noncompliance with Title IX, at 34 C.F.R.§§ 106.8 and 106.31. Consistent with Section 303(b) of OCR's Case Processing Manual (CPM)3 regarding noncomp liance determinations, the College submitted the enclosed Resolution Agreement (Agreement), dated October 24. 2017, which is aligned with t he allegation and issues investigated, consistent with Title IX. Under the Agreement, the College will take the following corrective actions with OCRmonitoring and approval: • Review and revise as necessary all Title IX policies and grievance procedures to ensure consistency and provide for the prompt and equitable resolution of complaints filed against students, employees and third parties alleging all forms of sex discrimination, in compliance with Title IX. Upon adoption and implementat ion, the College will provide notice of the revised Title IX pol icies and grievance procedures, including updating of all printed and electronic publications, in compliance with Tit le IX. • Develop a procedure to consistently document and maintain data for each Title IX complaint received and processed by the College in order to ensure the College is provi ding prompt and equitab le resolutions of Title IX complaints. • Provide annual, mandatory Title IX training to its employees charged with the duty to invest igate and/or otherwise process Tit le IX complaints (e.g. Title IX Coordinator, Assistant 3 OCR's CPM is available on the OCRwebsite: www .ed.gov/ocr. Page 10 of 11- (06142269} Lette r of Finding to Complainant Coordinators, other College officials) per the Colleg1?'srevised Title IX policies and grievance procedures. • Issue a letter offering redress to the Student regarding the College's handling of the investigation into complaint including but not limited to : an offer to meet with the Title IX Coordinator to discuss the College's delay and failure in processinglt[J complaint in accordance with Title IX and to identify any remaining effects that might be remedied; notification of revised Title IX policies and procedures and the College's efforts to ensure Title IX com liance· Im;I ..._______________ __, and any other remedies determined appropriate by the College to address any emotional, academic, or other remaining effects on the Student. • Conduct student outreach, including educating students on Title IX and providing annual online Title IX training. OCRhas determined that the Agreement, when fully implemented, will satisfactorily resolve the College's noncompliance with Title IX as identified during OCR's investigation of the complaint. Accordingly, as of the date of this letter, OCRwill cease all inv estigative actions regarding this issue; however, OCRwill actively monitor the College's efforts to implement the Agreement. Be advised that if College fails to adhere to the actions outlined in the Agreement , .OCRwill immedia tely resume its compliance efforts related to this issue. As of the date of this letter , OCR is closing the investigative phase of th is case and opening the monitoring phase to ensure that the College fully implements the provisions of the Agreement. The College is being notified concurrently. This concludes OCR's inv estigation of the complaint and shou ld not be interpreted to address the College's comp liance with any other regulatory provision or to address any issues other than those addressed in this letter. This lette r sets forth OCR's determination in an individual OCRcase. This letter is not a formal statement of OCR policy and should not be relied upon, cited, or construed as such. OCR's formal pol icy statem 1?nts are approved by a duly authorized OCRofficial and made available to the public. You may nave t he right to file a private suit in federal court whether or not OCR finds a violat ion. Please be advised that the College may not harass, coerce, intimidate or discriminate against any individual because he or she has filed a complaint or participated in the complaint resolution process. If this happens, that individual may file another complaint alleging such treatment. Under the Freedom of Information Act, 5 U.S.C. § 552, it may be necessary to release this document and related correspondence and records upon request. In the event that OCR receives such a request, it will seek to protec t, to the extent provided by law, personally identifiable infor mation, which, if re leased, could reasonably be expected to constitute an unwarranted invasion of personal privacy. Page 11 of 11- {06142269) letter of Finding to Complainant If you have any questions regarding this letter, please contact Dana K. McKenna, Senior Investigator, at 214-661-9639 or via email at daria.mckenna@ed.gov, or Terri Gonzales, Supervisory Attorney/Team leader, at 214-661-9687 or via email at terri.gonzales@ed .gov. We look forward to working with the College in implement ng the Agreement to completion. aylor . August, Regional Director OCRDallas Office Enclosure cc: ["'. J,'"' ,tCJ UNIT ED ST A TES D EPARTMEN T OF EDUCA TION OFFICE FORClVTLRIG£ITS 1999 BRYAN STREET, SUITE 1620 DALLAS,TEXAS 75201-6831 REGION VJ ARKANSAS LOUISIANA Ml$1SSIPPI TEXAS November 2, 2017 Sent Via U.S. Mail and Email Dr. Thad Anglin, President Cisco College 101 College Height s Cisco, Texas 76437 thad.anglin@cisco .edu Re: OCRComplaint No. 06142269 Dear Dr. Anglin: This letter is to inform you of the determinat ion made 1:,ythe U.S. Department of Education (Department), Office for Civil Rights (OCR), based on its investigation of the above-referenced complaint filed against Cisco College (College), in which the complainant alle~ed the College 6 16 7 6 failed to promptly and equitably respond to !16JC J;cbJC7CcJ !{the Student ' s)._j16_ J_J; _ _Jc _c_ C____ J report of sexual assault, of which it had notice , and as a result, the St ude nt wa s subjected to a sexually hostile environment. OCR investigated this complaint under the author ity of Title IX of the Education Amendment s of 1972 (Title IX), 20 U.S.C.§§ 1681 et seq., and its implementing regulatio n at 34 C.F.R. Part 106, which prohibit discri mi nation on the basis of sex. The College is a recipie nt of Federal financia l assistance from the Department. Therefore , OCR has ju risdictional author ity to process this complaint for resolut ion under Title IX. A finding that a recipient has violated one of t he laws that OCR enforce s must be supported by a preponderance of the evidence (i.e., sufficient evidence to conclude that it is more likely than not that unlawful discrimination occurred) . W hen there is a significant conflict in the evidence and OCRis unable to resolve that conflict , for example , due to the lack of corroborating witne ss statements or additiona l evidence, OCR genera lly must conclude that there is insufficient evidence to establ ish a violat ion of the law . During the investigat ion, OCR reviewed and analyzed re levant information, documents, and data provided by the complainant, the Student , and the College, and cond ucted interviews with the complainant, the Student, witnesse s, and relevant College personne l for both the College's Cisco (main) and Abilene campuses. OCR also conducted an onsite investigation at the Cisco The Dcpnr/111 1:11/of Ed11mlio11's 111issio11 is to pro111 0/e studl'III11d1ei ve11umtn11dprep11mti o11for globalco111p etitive11 ess /lyfostcri11g1:d11mtio11n/rxcelle11(e mut e11mri11g equal nccess. www.ed.gov Page 2 of 11- (06142269) Letter of Finding to President campus, which included focus groups with the College comm unity, and walk -in office hours, during which students and staff were invited to come and speak to OCR in person, confidentially, about their experiences or concerns regarding Title IX compliance and the College's environment. Based on our review of this information, OCRdetermined there is sufficient evidence to support a conclusion of noncompliance with Title IX. Provided below is an explanation of how this determination was reached . LEGALSTANDARD The regulation implementing Title IX, at 34 C.F.R.§ 106.31, provides generally that, except as provided elsewhere in the regulat ion, " ... no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of , or be subject ed to discrimihation under any ... education program or activity" operated by recip ients of Federal financ ial assistance. The Title IX implementing regulation, at 34 C.F.R. §§ 106.8 and 1% .9, also requires a recipient to designate a Title IX Coordinator, adopt griev ance procedures, and implement specific and continuing steps to provide notice that it does not discriminate on the basis of sex in its education programs or activities. Sexual harassment that creates a hostile environment is a form of sex discrimination prohibited by Title IX. Sexual harassment is unwelcome conduct of a sexual nature , which may include unwelcome sexual advances, requests for sexual favors, and other verbal , nonverbal or physical conduct of a sexual nature. Sexual harassment creates a hostile environment if the conduct by an employee, another student, or a third party is so severe, persistent or pervasive that it denies or limits a student's ability to participate in or bEmefit from the recipient's program. To investigate or otherwise resolve issues of sexual harassment, OCRconsiders whether: (1) the recipient has a disseminated policy prohibiting sex discrimina t ion under Title IX and effective grievance procedures; (2) the recipient appropr iately investigated or otherwise responded to allegations of sexual harassment; and (3) the recipient has taken immediate and effective correction action responsive to any harassment that th ,:! investigation determined took place, including effective actions to end the harassment , prev,2nt its recurrence , and, as appropriate, remedy its effects. FINDINGSOF FACTAND ANALYSIS OCRinvestigated whether the College discriminated a~ainst the Student on the basis of 16 6 16 sex by failing to respond promptly and equit ably to Jt ; Jt?tcJ ~eport of 6 16 1 6 sexual assault JtJ; Jt?tcJ !which, if true, was sufficient to constitute a hostile environment, and of which it had notice (knew or should have known), during the ..,.! 1~ .1~~ ..., ,... J;.tbJ ,,., """j ! ! fil] academic year, in violation of Title IX, at 34 C.F.R. §§ 106.8 and 106.31. Designation and Notice of Title IX Coordinator In accordance with the Title IX regulation at 34 C.F.R.§l 06.8(a), recipients must designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under the regulation, including complaint investigation s alleging its noncompliance with Title IX, Page 3 of 11- (06142269) Letter of Finding to President and notify all of its students and employees of the name, office address, and telephone number of the employee or employees designated. The evidence revealed the College designated the Director of Student Success Programs as the Title IX Coordinato r effective June 2014 to present , and both the Provost for the Abilene campus and the HR Director currently serve as Assistant Title IX Coordinators. Prior to June 2014, the College had no designated employee to coordinate its Title IX compliance efforts. The College identified three publications that include notice of its Title IX Coordinator: the College's General Catalog (Catalog), College Student Handbook (Handbook), and the College's 1 Poli~al (Manual). OCRfound neither the Catalog, Handbook , nor Manual in place for the ~ academic year included the address or telEiphone number of the Title IX Coordinator. However, OCRdetermined the College's 2016-17 Handbook designates the specific College employees referenced above to address complaints of sex discrimination (i.e., sexual harassment, including sexual violence), and includes their names, titles, locations, phone numbers and email addresses. OCRalso found the College posts Title IX information directly on its website in the Campus Safety information section, which includes identification of the Title IX Coordina tor and Assistant Coordinators by name, title, location, phone number, and email address. Based on the analysis of the evidence, OCRconcluded the College has a designated Title IX Coordinator pursuant to Title IX. OCRalso determined t here is sufficient notice from the College to students and employees of the names, office addresses and telephone numbers of the Title IX Coordinator and Assistant Coordinators in the 2016-17 Handbook and on the College's website. Therefore, OCRdetermined there is sufficient evidence the College complied with the requirements of the Title IX regulation, at 34 C.F.R.§§ 106.8 and 106.9(a), regarding the designation and notice of a Title IX Coordinator. However, OCRnoted some inconsistencies in the Title IX Coordinator notices appearing in the 2016-17 Catalog and Manual, and an overall lack of Titl <~ IX training for the Title IX Coordinator and Assistant Coordinators. Accordingly, OCRprovided technical assistance to the College (e.g., Title IX Coordinator , Assistant Coordinators and other pertinent College officials) on October 20, 2017 to ensure consistency in the College's notice(s) of the Tit le IX Coordinator and Assistant Coordinators in all print and electronic publications, and that College officials have sufficient knowledge of Title IX to perform their duties. The College also committed in the Resolution Agreement, discussed in detail below, to provide annual, mandatory Title IX training to its responsible employees, including its Title IX Coordinator, Assistant Coordinators, and all other College officials involved in the processing of Title IX complaints. Notification of Title IX Nondiscrimination Policy Title IX at 34 C.F.R.§ 106.9(a), requires that a recipient implement specific and continuing steps to notify applicants for employment, students , employE!es,and all unions or professional 1 Noted publications are available at the College webs ite: www.cisco.edu. (Last visited July 3, 2017}. Page 4 of 11- (06142269) Letter of Finding to President organizations holding collective bargaining or professional agreements with the recipient that it does not discriminate on the basis of sex in the education programs or activities it operates; that the prohibition against discrimination extends to employment and admission; and that inquiries to recipients concerning the application of Tit le IX and its implementing regulation may be referred to the Title IX Coordinator or to OCR.Title IX, at 34 C.F.R.§ 106.9(b), further requires recipients to include the notice of nondiscrimination in each announcement, bullet in, catalog, or application form that it makes available to the persons described above, or which is otherwise used in the recruitment of students or employees . The evidence revealed the College has included varying notices of nondiscrimination in its Catalog, Handbook, and Manual, as well as on its website, at least one of which contains the requisite informat ion described above. Namely, although it lists the incorrect website address for OCR,the College's Notice of Non-Discrimination on the Basis of Gender , which appears on its website, fulfills the Title IX regulation's requi rements. 2 Accordingly, OCRconcluded th~re is sufficient evidence the College complied with the requ irements of the Title IX regulation, at 34 C.F.R.§ 106.9, regarding notice of nondiscrimination. However, OCRnoted multiple versions and/or omissions of a nondiscrimination policy in College publications and recruitment materials. For example, OCR'sreview of student recruitment materials on the College's website, as well as information provided to prospective employees, such as the employment application form revealed no inclusion of a nondiscrimination statement. Accordingly, OCRprovided technical assistance to the College on October 20, 2017 to ensure consistency and inclusion of the notice of nondiscrimination in each announcement, bulletin, catalog, or application form ai; required by the Title IX regulation, at 34 C.F.R.§ 106.9. Adoptionand Publicationof Title IX GrievanceProcedures Title IX at 34 C.F.R.§106.8(b) requires recipients to also adopt and publish grievance procedures providing for the prompt and equitable resolution of complaints alleging any action prohibited by Title IX. In evaluating whether a recipien-:'s grievance procedures are prompt and equitable, OCRconsiders whether the grievance procedure provides, at a minimum, the following: 1. Notice to students and employees of the procedure, including where complaints may be filed; 2. Application of the procedure to complaints alleging discrimination carried out by employees, other students, or third parties; 3. Adequate, reliab le, and impartial investigation of ccmplaints, including the opportunity to present witnesses and other evidence; 4. Designated and reasonably prompt timeframes for t he major stages of the complaint process; 5. Notice to the parties of the outcome of the complaint; and 2 The link provided on the College's website is http://www.hhs. gov/ ocr/civirights /complai nts/i ndex.html. However. the correct link to OCR'swebsite is https://www2.ed.gov/about/offices/list/ocr/docs/howto.html. Page 5 of 11- (06142269) Letter of Finding to President 6. An assurance that the school will take steps to prevent recurrence of any harassment and to correct its discriminatory effects on the complaina nt and others, if appropriate. The College identified two separate grievance procedures uti lized for students and employees alleging claims of sexual harassment and/or sexual viol ,~nce: the Handbook's Hearing Committee Procedures (HCP)for student sexual harassment claims, and the Manual's Policy 1.3 for employee sexual harassment claims. OCRalso reviewed The Notice of Non-Discrimination on the Basis of Gender policy document, which the CollegEiindicated also includes a grievance procedure for students and employees. 6 7 OCRreviewed~ place for the 1mtJ;i6Jt~ cademic year, the year at issue in this OCR ·fandbook indicates the HCPshould be utilized for sexual harassment complaint. Thel_t complaints and defines sexual harassment, but does not set forth grievance procedures. Rather, the HCPestablishes a procedure to appeal an outcome of a grievance. With respect to the 2016-17 academic year, the College identified two separate procedures to file a complaint, which appear in its 2016-17 Handbook: Discrimination Procedures/Appeals and Title IX {Sexual Misconduct) Grievances/Appeals. The Discrimination Procedures/Appeals section informs students that th is procedure can be used for a complaint of sex discrimination, but the procedure is inconsistent regarding to whom such a complaint should be reported (i.e., first it states that a written grievance "is to be filed with the college's Affirmative Action Officer (Director of Human Resources)," but then later advises students to submit a written grievance to the Dean of Students). This section also sets forth th ,~ requisite content of a complaint, and describes a hearing and appeal procedure, but does not include any prov isions regarding the investigation of complaints. OCR's review of the Title IX (Sexual Misconduct) Grievances/ Appeals section of the Handbook did not reveal an established grievance procedure for t he investigation of Title IX complaints, either . On the contrary, this section simply states to whom a complaint of sexual misconduct (including sexual harassment, sexual assault/v iolence) should be reported (i.e., the Title IX Coordinator and/or other College official), and establishes an appeal process. Although this section states the College has a duty to investigate, it does not establish an investigatory procedure. OCR'sanalysis oft 's Title IX policies and procedures, as reflected in the policies and 7 procedures for the cci nd 2016-17 academic years, revealed the College, to date, does not have establishe grievance procedures to promptly and equitably respond to Title IX student complaints, including sexual harassment/sexual violence. Although the College, during OCR's investigation , worked to improve the grievance procedures, the procedures still do not meet the Title IX procedural requirements in multiple rnspects. Specifically, none of the Title IX policies identified by the College as "grievance procedures" actually provide a procedure for students or employees to file a complaint/report, or an investigative process. Rather, the sexual harassment procedures skip from a complaint or report of sexual harassment to an appeal process. The College's Title IX grievance procedures do not provide notice to students and Page 6 of 11- (06142269) Letter of Finding to President employees of the procedures or where to file complaints; an application of the grievance procedures to complaints of sexual harassment filed against employees, other students, and third parties; an adequate , reliable, and impart ial investigation process that includes an equal opportunity to present witnesses and relevant evidence; designated and reasonably prompt timeframes for the grievance process; notice to the pa rties of the complaint outcome; nor an assurance that the institution will take steps to preven t recurrence of harassment and to correct it s discriminatory effects on the complainant and others, if appropriate. Moreover, as discussed below, the deficiencies in the College's grievance procedures were, in this case, brought to bear in the College's response to the Student's complaint. Therefore, OCR determined there is sufficient evidence to support a finding that the College failed to comply with the requiremen ts of the Title IX regulation , at 34 C.F.R.§106.8(b) , regarding adopting and publishing grievance procedures providing for the prornpt and equitable resolution of Title IX complaints. College' s Response to Student's Complaint Consistent with its duty to ensure the non-discriminate ry treatment of students as requ ired by Title IX, at 34 C.F.R§106.31, upon notice of an allegation of sexual harassment, the recipient must appropriately investigate or otherwise respond to the allegations and take immediate and effective corrective action responsive to the harassment, incl uding effective actions to end the harassment, prevent its recurrence, and, as appropriate, remedy its effects. '------~"""""'~-------.......-' The evidence revealed the Student enrolled academic year. The Student verbally reported to the College· was sexually assaulted by Ml7tcJ Student reported to the College that the respondent 16J(6); 6 6 !t JtJ;Ml7tcJ lr he Student also reported to the Colle e that the respondent Th 1 The I ;,,.,&,,,.-----------------------,1 Student reported the incid;,;,e;.;.nt:,,t;,;o to report the incident to L.":"";=---:--:;;:;;::;;:::::;;:::;:;;;;::;;::::=::::::;:'.':'.""--:--:----:------:-:--=::::=;;:==! 6 6 6 L,r;;: )(;:;:; J;:;::: ( :;;: )(;l(;;C ;:;:; J;::::::===:!.:' r:.: e:.:. f:. er:.:. r.:e.:d..!:l l::::: ~l::!l~ t.:O ...: t.:.:h.:. e.!:::116= )(= ),= · (6=J( =l(= C=::::::;;:.., J IT:,;.h;..: e;,.;S~ t;u;d.: e.:.:n .:. t ..:.:.; th en met with ltbJ(6J; tb)(7( CJ jtbJ(6J; tbJ(7(cJ jM(6);tbJ(7(cJ !and briefly discussed what occurred. Th The Student reported that but was unable to do so because of the trauma of what ~ experienced. The Student further reported ~ was afraid and fearful, as the respondent ltbJ(6J; tbJ(7(cJ 66 !t JtJ;tbJ(7(CJ !the week after m:Jreported the incident. In addition, the respondent L----------.....r- I CR found no evidence to suggest that the College considered and/or provided interim measures to either the Studem or the respondent (e.g.,!tbJ(6J; Ml7tcJ upon receipt of the Student 's complaint, at the inception of its investigation, or PJ(6); tbJ(7(cJ at any other time. t, Page 7 of 11- (06142269) Letter of Finding to President ! 6 OCR interviewed 16 Jt J;Mt?tcJ 6J~ 7 t~cJ--------,rm:1Student's complaLm...t'"" _..,.,fb~5t~ ; t~6J tm ~ both of whom began investigating the m.Jet with the Student on 6; 1 c _________________________ .__ __, policy set by Cisco College." The College provided information t o OCR wh ich indicates that , in addition to date of the alleged incident, the respondent had !t6Jt6J;tbJ(7(cJ L...-------~ OCR's review of the Student's investigative file showed that the responden 116J(6); tbJ(7(cJ E~ 1(6)(6); tb)(7(C) I !reported to OCR that the College terminated its investigation based on its ._________________ ..... !OCR's review of the Student's investigative file did not reveal any evidence that the College !tbJ(6); tbJMcJ I '-------------------....J Accordin gly, OCR determined that the College made no determination with respect to Title IX (i.e ., regarding whether the respondent sexually assaulted the Student and therefore subjected E] to a hostile environment) . ~..;.;..;...;.;...;..;.... ____ ..,.al which resulted in the Student CR confirmed with the College that the Student which impacted ltbJ(6); tbJ(7(cJ The Student and the College consistent·~ly~ re~p=o-=-r=t e-:; d-:t:h-: a~ t 1;;;: t6:;;Jt6;::;:J ;::;; t6::;;Jt:;; 7 t;CJ============..:..:.:.:..::.::.:..::.:..:..:...=.:.:..::..:.::...::.:.:.~I l -----------------;;======:· but that ~ subsequently L. semester. The complainant and Student reported that because the Student jtbJ(6); tbJ(7( cJ I Page 8 of 11- (06142269) Letter of Finding to President 1{6)(6);{6)(7( CJ ™~ I had to ltbJ(6J; tbJ(7(CJ I I ':·:--::---:-::--:---;;;:::;;:;:;:::;;::;::;:;;:;:;;::::=:=:=:=========l..:. A..::., s such, OCR concluded the ~ gainst the respondent and College failed to lt6Jt6J; tbJ(7(cJ fa i Ie d to provide ':-: th:-e --::St"."'" u-d":"" e-n-:" t ~116::;::; Jt:6;;J,= · t6;:;:; 11 Jt:;:; 7t:;; cJ==============================:::::!....::............,.l fo r the Student notwithstanding its own determination that Based on the foregoing, OCR determined that the evidence is sufficient to support a findi ng of a violation regarding the College's failure to promptly and equitably respond to the Student's 1{6)(6); {6)(7(cJ ~eport of sexual assault , of which it had notice. OCR determined the College failed to provide a prompt adequate, reliable, and impartial investigation, including an equal opportunity for the respondent and complainan ltbJ(6J; t6Jt7tcJ Specifically, as discussed above, the Colle e I Further, OCR determined nor was there an ......---------------------------effects on the Student. its discriminatory OCR concluded that as a resul t of the College's inaction to llD}l6); lD}l7(C) l(b)l 6J; (b)l7lCJ I Moreover, the respondentr A6J; lUJlllCJ ~ =)1 = 6), ·c6= = j1=11= cj======....:..:..:.:..:..:.:..:..:.:~;,;,:.,I ....._ ______________ 116 I ___. Other Information Considered During the investigation, OCR also considered other Title IX complaints reportedly received by the College and whether the College promptly and equitably responded to those complaints. OCR noted similar concerns in other cases as it identified in the Student's case (e.g., the College failing to provide an adequate, reliable, and impartial investigation, including an equal t6_J6 t_J;_c6_ Jt7_tc_J_____ ....., o ortunit and/or failing 1.._ _______________ _nd/or wheth ,2r a sexually host ile environment existed ....._ I .__ __________ _. for the student). OCR also found the College routi nely failed to lt6Jt6J ; tbJ(7(cJ 1(6)(6) ; {6)(7(CJ Additionally, OCR' s interviews with College officials and student focus groups reflected a general lack of knowledge and/or awareness about the College's Title IX policies and procedures, especially with students. Most of the studE!nts reported they were aware of some tbJ(7(cJ incidents of sexual assault that occurred on campus, particularly incidents occurring !tbJ(6J; r )(6);{6)(7(CJ ! The majority of the students described campus safety and security as poor , and a lack of availability of campu s police/security to students aft er hours. OCR's interviews with students and College personnel also noted widely held beliefs that there were most likely many more incidents of sexual assault occurring than were being reported. l Page 9 of 11- (06142269) Letter of Finding to President The College did not provide OCRwith any information concerning how the College monitored sexual harassment/violence on campus, or indicating that it has conducted any surveys or selfassessments. However , OCR also noted that during the course of OCR's.investigation, the College has made concerted efforts to provide Tit le IX tr aining and information sessions for both students and employees covering the topics of se>:tent provided by law, personally identifiable information, which, if released, could reasonably be expected to constitute an unwarranted invasion of personal privacy. Page 11 of 11- (06142269) letter of Finding to Preside•nt We appreciate the cooperation extended to OCRby you and your staff to successfully resolve the complaint. If you have any questions about ·this matter, please contact Dana K. McKenna, Senior Investigator, at 214-661-9639 or via email at dana.mckenna@ed.gov. or Terri Gonzales, Supervisory Attorney/Team leader, at 214-661-9687 o r via email at terr i.gonzales@ed.gov. We look forward to working with the College in implementing the Agreement to completion. eg1ona Director Enclosure ™~ CC: :L---------------------------:----' ~isco.edu _s1sco.edu