UNITED STATES DEPARTMENT OF EDUCAT ION
OFFICE FOR CIVIL RIGHTS
CLEVELAND OFFICE
600 SUPERIOR AVENUE EAST, SUITE 750
CLEVELAND, OHIO 44114-2611

AUG2 5 2011

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

Re: OCR Docket #15-11-2115
Dear

(b)(6),(b)(7)

C

On July 26, 2011, the U.S. Departmen t of Education (the Department ), Office for Civil
Rights (OCR ) received the above-referenced complaint you filed against Wittenberg
Univers ity (the University), on behalf of a University student (the Student), alleging that
the University discriminate d against the Student on the basis of sex. Specifically, you
allege that the University failed to respond appropriate} when the Student reported that
~
as sexually assaulted by a male student athlete (bl (6 ),(b)(7 )<C)
n Hb)(6),(b I
In addition, you allege that the University 's grievance procedure does not comply
with Title IX.
OCR is responsible for enforcing Title IX of the Education Amendments of 1972,
20 U.S.C. § 1681 et seq., and its implem enting regulation, 34 C.F.R. Part 106. Title IX
prohibits discrimination on the basis of sex in education program s and activities that
receive Federal financial assistance . As a recipient of Federal financial assistance from
the Department , the University is subject to the requirements of Title IX. Accordingl y,
OCR has jurisdiction over this complaint.
Because OCR has determine d that it has jurisd iction and that the complaint was filed
timely, it is opening this complaint for investigation. Based on the complaint allegations,
we will inves tigate the following issues:

The Departmentof Education's missionis to promotestudent achievementand preparationfor global competitivenessby
fosteringeducationalexcellenceand ensuringequal access.

 Page 2 -

j <b)(6),(b)(7)(C)

•

whether the University interfered with or limited the ability of a student to
participate in or benefit from the services, activities, or privileges provided by
the University by effectively causing, encouraging, accepting , tolerating, or
failing to correct a sexually hostile envirorunent of which it had actual or
constructive notice in violation of the Title IX implementing regulation at
34 C.F.R. § 106.31; and

•

whether the University has failed to adopt grievance procedures that
incorporate appropriate due process standards and that provide for the prompt
and equitable resolution of student complaints under Title IX in violation of
the Title IX implementing regulation at 34 C.F .R. § I06.8(b).

Please note that opening allegations for investigation in no way implies that OCR has
made a determination with regard to their merits. During the investigation, OCR is a
neutral fact-finder, collecting and analyzing relevant evidence from the compla inant, the
recipient, and other sources, as appropriate. OCR will ensure that its investigation is
legally sufficient and is dispositive of the allegations, in accordance with the provisions
of Article III of OCR's Case Processing Manual.
OCR works to resolve allegations of discrimination promptly and appropriately. We will
communicate with you periodically during our investigation. When contact ing our office
about your case, please refer to OCR Docket #15-11-21 15.
Please note that your complaint may be appropriate for Early Complaint Resolution
(ECR), a voluntary process similar to mediation during which an OCR staff person
facilitates communication between the parties in an attempt to resolve complaint
allegations. Additional information regarding the ECR process was sent with our letter
acknowledging your complaint. If we believe that your complaint is appropriate for
ECR, we will contact you to discuss this option .

If you have any questions, please contact Ms. Sarah Poppleton, Equal Opportunity
Special ist, by telephone at (216) 522-2674 or by e-mail at Sarah.Poppleton@ed.gov.
Sincerely,
(b )(6) ,{b )(7)(C)

Director

 UNITED STATES DEPARTMENT OF EDUCATION
OFFICE FOR CIVIL RIGHTS
CLEVELAND OFFICE
600 SUPERIOR AVENU E EAST, SUITE 750
CLEVELAND, OHIO 44114-2611

AUG2 5 2011

Mark H. Erickson, Ph.D .
Office of the President
Wittenberg University
P.O. Box 720
Springfield, Ohio 4550 1
Re: OCR Docket # 15-11-2115
Dear Dr. Erickson:
On July 26, 2011, the U.S. Department of Educatio n (the Departm ent), Office for Civil
Rights (OCR) received the above-referen ced comp laint filed against Wittenbe rg
University (the Unive rsity), on behalf of a Unive rsity student (the Student), alleging that
the Universit y discriminate d against the Student on the basi s of sex. Specifically , the
complaint alleges that the Univer sity failed to respo nd appropriate] when the S
reported that she was sexually assaulted by a male student athlete (bl(5 ),(b)( 7 l<C)
on (b}(6},(b}(7)(C) . In addition, the complaint alleges that the Univers ity's grievance
proce ure oes not comp ly with Title IX.
.__

________

_i

OCR is responsible for enforcing Title IX of the Education Amendments of 1972,
20 U.S.C. § 1681 et seq., and its implementing regulation , 34 C.F.R. Part 106. Title IX
prohib its discrimination on the basis of sex in education programs and activit ies that
receive Federal financial assistance. As a recipient of Federal financial assista nce from
the Department, the University is subject to the requirements of Title IX. Accordingly,
OCR has juri sdiction over this complaint.
Because OCR has determined that it has jurisdiction and that the comp laint was filed
timely , it is opening this comp laint for invest igation. Based on the complaint allegations,
we will investigate the fo llowing issues:

The Departmentof Education'smissionis to promotestudentachievementand preparation for globalcompetit iveness by
fostering educationalexcellenceand ensuring equal access.

 Page 2 - Mark H. Erickson, Ph.D.
•

whether the Universityinterfered with or limited the ability of a student to
participate in or benefit from the services, activities, or privileges provided by
the University by effectively causing, encouraging, accepting, tolerating, or
failing to correct a sexually hostile environment of which it had actual or
constructive notice in violation of the Title IX implementingregulation at
34 C.F.R. § 106.31;and

•

whether the University has adopted grievance procedures that incorporate
appropriate due process standards and that provide for the prompt and
equitable resolution of student complaints under Title IX in accordance with
the Title IX implementing regulation at 34 C.F.R. § 106.8(b)..

Please note that opening allegations for investigation in no way implies that OCR has
made a determination with regard to their merits. During the investigation, OCR is a
neutral fact-finder, 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 dispositive of the allegations, in accordance with the provisions
of Article III of OCR's Case Processing Manual.
For your reference, the document enclosed entitled "OCR Complaint Processing
Proc edures" 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 laws OCR enforces is available on our website at:
http://www.ed.gov/ocr.
We intend to conduct a prompt investigationof this complaint. The Title IX regulation,
at 34 C.F.R. § 106.71, incorporates by reference the procedural requirements of the Title
VI regulation, at 34 C.F.R. § 100.6, which requires that a recipient of Federal financial
assistance make available to OCR information that may be pertinent to reach a
compliance determination. 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. § 99.31(a)(3)(iii),and the Title VI regulation at 34 C.F.R. § 100.6(c), OCR
may review personally identifiable records without regard to considerations of privacy or
confidentiality.

 Page 3 - Mark H. Erickson, Ph.D.
Accordingly, we are reques ting that you forward the following information to us within
fifteen calendar days of the date stamped at the top of this letter:
I.

the name and title of the employee responsible for coordinating the
University's compliance with Title IX and documentat ion of where this
employee's contact informat ion is published;

2.

copies of all University policies and procedures regarding sex
discrimination, sexual harassment and sexual assault, including but not
limited to, grievance procedures, discip linary policies , investigative
procedures, and campus police policies ; please also include any such
policies and procedure s that are specific to the University 's athlet ic teams ;

3.

a copy of the University ' s student conduct code and any other
document(s) that contain the Unive rsity's policies and procedures
regarding student discipline, including for sexual harassment/sexual
assault;

4.

a copy of any University code of conduct that is specific to stude nt
athletes;

5.

the names and title s of all Univers ity emp loyees who arc responsible for
investigating complaint s of sexual harassment and sexual assault made by
students;

6.

a copy of any documents or records that discuss or relate to a complaint of
sexual assault filed \.vi.ththe University by the Student or on beha lf of the
Student j<b)(6),(b)(7)(C)
on or about !(b)(6),{b)(7)(C)
including, but not
limited to, correspondence, e-mails, memoranda, meeting minutes, notes ,
videos or voice recordings, student records, investigati ve files and reports,
police reports, interview memos, transcripts, hearin g transcripts or notes ,
discipline records , or any other documents or records that discuss or relate
to the complaint, the University's investigation of the complaint, the
disposition of that complain t, and any action the Univers ity took ,
including interim and disciplinary measures , to address the complaint;

I

I

7.

the name and title of each individual, including campus police, involved in
investigating or otherwise addressing the above -referenced complaint;

8.

a list of any meetings held with the Student to discuss the sexual assault
allegations; for each such meeting, please provide:

•

the date the meeting was held

• the purpose of the meeting

 Page 4 - Mark H. Erickson, Ph.D.

•

the names and titles of the individuals present for the meeting

•

any documentation related to the meeting, including e-mails, notes,
memoranda, meeting minutes, correspondence or other related
docwnents

9.

a listing of all written complaints of sexual harassment/sexual assault
5J,{bRn !and !(b) (6),(b)(7)( L
made against a University student during the!~~,<
including the nature of the alleged conduct, the dates the complaint was
filed, the sex of the alleged victim and harasser, and the outcome of the
complaint investigation, including any such complaints filed against
(b)(6),(b)(7)(C) (the male student);

10.

a copy of the University's housing policies in effect during the
academic year;

11.

a copy of the complete disciplinary record, maintained by the University,
for the male student who was accused of sexually assaulting the Student;

12.

copies of the Student and the male student's class schedules and athletic
activity schedules for the Es!<6>
.<6>(7)
Iacademic year;

13.

a listing of the dates of any training regarding Title IX as it applies to
sexual harassment, including sexual assault and violence, the University
provided or offered to 1) University personnel; and 2) University students
during the past three academic years, including copies of any related
materials distributed at the trainings; and

14.

any additional information that the University believes will assist OCR in
investigating this complaint.

(b)(5 ).(b)(?)

In addition to the information requested above, OCR may need to request other
documentation and we may also need to interview persons at the University with
knowledge of the facts of this case. If we determine that an on-site visit is necessary, we
will contact you to schedule a mutually convenient time for the visit.
Please note that this complaint may be appropriate for Early Complaint Resolution
(ECR), a voluntary process similar to mediation during which an OCR staff person
facilitates communication between the parties in an attempt to resolve complaint
allegations. If we believe that this complaint is appropriate for ECR, we will contact you
to discuss this option.

 Page 5 - Mark H. Erickson, Ph.D.
Upon receipt of this letter, please notify OCR of the name, address, and telephone
number of the person who will serve as the University's contact person during the
resolution of this complaint. When contacting this office about the above-referenced
complaint , please refer to OCR Docket # 15-11-2115. lfyou have any questions, please
contact Ms. Sarah Poppleton, Equal Opportunity Specialist, by telephone at
(216) 522-2674 or by e-mail at Sarah.Poppl eton@ed.gov.

Enclosure