UNITED STATES DEPARTMENT
OFFICE

FOR CIVIL

RIGHTS,

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OF EDUCATION
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MICHIGA'J
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OCTll 6 2014

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

RE: OCR Docket #I 5-14-2239
Dear (b)(6),(b)( 7)(C) :
On September 15, 2014, the U.S. Department of Education (Department), Office for Civil Rights
(OCR), received the above-referenced complaint you filed against Grand Valley State University
(the University). The complaint alleges that the University discriminated against students based
on sex by failing to promptly and equitably respond to com laints, reports, and/or incidents of
sexual violence of which it had notice, including an (b)(6),(b)(7) complaint of sexual assault
against you, and, as a result, students, including you, were subjected to a sexually hostile
environment.
OCR is responsible for enforcing Title IX of the Education Amendments of 1972, 20 U.S.C.
§ 168J et seq., and its implementing regulation, at 34 C.F.R. Part l 06, which prohibit
discrimination on the basis of sex in education programs and activities operated by recipients of
Federal financial assistance from the Department. As a recipient of such financial assistance, the
University is subject to Title IX.
Because OCR has detennined that we have jurisdiction over the allegation and that this
complaint was filed timely, we are opening the allegation for investigation. Based on the
complaint allegation, we will investigate the following legal issues:
1. Whether the University provided prompt and equitable responses to sexual violence
complaints, reports, and/or other incidents of which it had notice (knew about or
should have known about) as required by the Title IX implementing regulation at 34
C.F.R. §§ 106.8 and 106.31.
a. Whether the University complied with the requirements of the Title IX
regulation at 34 C.F.R. § 106.9 regarding notice of nondiscrimination.

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b. Whether the University 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.
2. Whether any failure by the University to provide prompt and equitable response
allowed a student or students and/or the campus, generally, to continue to be
subjected to a sexually hostile environment that denied or limited a student or
students' ability to participate in or benefit from the University's programs, in
violation of the Title IX implementing regulation at 34 C.F .R. §§ 106.8 and l 06.3 1.

Please note that opening an allegation for investigation in no way implies that OCR has made a
determination with regard to its 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 the investigation is legally sufficient and is dispositive of
the allegation 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 contacting our office about
your case, please refer to OCR Docket Number 15-14-2239.

If you have any questions, please contact one the OCR attorneys who have been assigned to
investigate this complaint, Aubrie Wancata and Ann Millette. Ms. Wancata can be reached by
telephone at (216) 522-471 l or by e-mail at Aubrie.Wancata@ed.gov, and Ms. Millette can be
reached by telephone at (216) 522-2679 or bye mail at Ann.Millette@ed.gov.

Supervisory Attorney/Team Leader

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Thomas J. Haas, Ph.D.
President
Grand Valley State University
Office of the President
1 Campus Drive
3056 James Zumberge Hall
Allendale, Michigan 49401-9403
RE: OCR Docket #15-14-2239
Dear Dr. Haas:
On September 15, 2014, the U.S. Department of Education (Department), Office for Civil Rights
(OCR), received a complaint filed against Grand Valley State University (the University). The
complaint alleges that the University discriminated against students based on sex by failing to
promptly and equitably respond to com laints, reports, and/or incidents of sexual violence of
which it had notice, including an (b)(6),(b)(7)( complaint of sexual assault against a student (the
Student)) and, as a result, students, including the Student, were subjected to a sexually hostile
environment.
OCR is responsible for enforcing Title IX of the Education Amendments of I 972, 20 U.S.C.
§ 168 I et seq .. and its implementing regulation, at 34 C.F.R. Part I06, which prohibit
discrimination on the basis of sex in education programs and activities operated by recipients of
Federal financial assistance from the Department. As a recipient of such financial assistance, the
University is subject to Title lX.
Because OCR has detennined that we have jurisdiction over the allegation and that this
complaint was filed timely, we are opening the allegation for investigation. Based on the
complaint allegation, we will investigate the following legal issues:
I. Whether the University provided prompt and equitable responses to sexual violence
complaints, reports, and/or other incidents of which it had notice (knew about or
should have known about) as required by the Title IX implementing regulation at 34
C.F.R. §§ 106.8 and 106.3 l.
a. Whether the University complied with the requirements of the Title IX
regulation at 34 C.F.R. § 106. 9 regarding notice of nondiscrimination.

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b. Whether the University 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.
2. W11etherany failure by the University to provide prompt and equitable response
allowed a student or students and/or the campus, generally, to continue to be
subjected to a sexually hostile environment that denied or limited a student or
students' ability to participate in or benefit from the University's programs, in
violation of the Title IX implementing regulation at 34 C.F.R. §§ 106.8 and 106.31.
Please note that opening an allegation for investigation in no way implies that OCR has made a
determination with regard to its 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 the investigation is legally sufficient and is dispositive of
the allegation in accordance with the provisions of Article III of OCR 's Case Processing Manual.
For your reference, the enclosed document, entitled "OCR Complaint Processing Procedures,"
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

•

the 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.
OCR intends to conduct a prompt investigation of this complaint. The Title VI regulation, at 34
C.F.R. § 100.6, requires that a recipient of Federal financial assistance make available to OCR
information that may be pertinent to reaching a compliance determination. The Title IX
regulation incorporates those requirements by reference at 34 C.F.R. § 106.71. In addition, in
accordance with the Title VI regulation at 34 C.F.R. § I 00.6(c) and with the regulation
implementing the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, at 34 C.F.R.
§ 99.3 l(a)(3 )(iii), OCR may review personally identifiable records without regard to
considerations of privacy or confidentiality.
Accordingly, we are requesting that you forward the following infonnation to us within 15
calendar days of the date stamped at the top of this letter. Wherever possible, please provide the
requested information on a CD (and bates-labeled if you have that capability). Otherwise, please
provide the information via hard copy:

1.

a copy of any University policies or procedures in effect during the

 Page 3 - Thomas J. Haas, Ph.D.
2011-2012, 2012-2013, 2013-2014, and 2014-2015 school years that address
discrimination and harassment based on sex, including sexual violence involving
students, employees, and third parties, including sexual violence/misconduct/
harassment policies and procedures, Title IX grievances, applicable disciplinary
procedures and codes, appeal procedures, and nondiscrimination notices;
2.

if any of the above policies or procedures changed over the applicable time
period, please provide a copy of all documents that reflect each change, and note
the date(s) when the new policy or procedure became applicable;

3.

the name(s) and title(s) of the University's Title lX coordinator(s), and any deputy
or co-coordinator(s). In addition, please note when each individual assumed his
or her position, and provide an explanation of how that person or persons' identity
and contact information are disseminated to students, faculty, staff, and
administrators;

4.

the names and titles of any University personnel responsible for investigating
incidents of discrimination and harassment based on sex or implementing any part
of the University's Title IX grievance process;

5.

a description of how the University handles criminal complaints and the effect
that criminal complaints have on the University's Title IX investigation process;
the names and titles of any University designated contact person for related
criminal investigations; and the process used by the University in communicating
with local prosecutors about the status of criminal investigations;

6.

a description oflaw enforcement's role in the University's Title IX investigation
process, including a copy of any memoranda of understanding with campus and
local law enforcement or related protocols;

7.

a description of how the University handles requests for confidentiality by those
reporting incidents of discrimination and harassment based on sex, including
sexual violence;

8.

a copy of all documentation concerning any formal or informal complaints or
reports of sexual harassment made to the University (including, but not limited to
those received by University personnel, campus police, the Office of Affirmative
Action, University housing, the Women's Center, or the Dean of Students office,
or those received elsewhere and then referred to the University), or investigated/
resolved by the University during the 2011-2012, 2012-2013, 2013-2014, and
2014-2015 school years, including:
a.

a copy of any written complaints or reports, and a detailed description of
any verbal complaints;

 Page 4-Thomas

J. Haas, Ph.D.

b.

a copy of all investigative files, interview memoranda, witness statements,
and related documents concerning any University investigation of these
complaints or reports;

c.

a copy of any documents showing the steps of the investigation and the
results of the University's investigation, including any correspondence, emails, and other documents, as well as how the University notified
pertinent parties of the outcome of each investigation;

d.

a detailed description of any action the University took to stop any
harassment or discrimination and to prevent any additional discrimination
or harassment based on sex, while each complaint or report identified in
response to request 8(c) above was being investigated (interim measures)
or after the investigation concluded;

e.

a copy of any documents, including student discipline records,
memoranda, e-mails, notes, or other documents, that discuss or relate to
any disciplinary or other remedial action the University took in response
to each complaint or report identified in response to request 8(c) above;
and

f.

for each complaint or report of alleged sexual harassment and/or violence
responsive to this request, identify ( l) whether the University found that
the complainant and/or other students were sexually harassed/assaulted;
(2) whether the University found that any complaint was part of a larger
pattern of similar complaints; and (3) whether the University made any
conclusion about whether the complainant and/or other students were
subject to a sexually hostile environment;

9.

if not included in responses above, copies of all communications, including
letters, e-mails, notes, memoranda, reports, notices, or other communications sent
or received by University faculty, staff, administration, and/or Regents during the
2011-2012, 2012-2013, 2013-2014, and 2014-2015 school years that discuss,
relate or refer to the complaints or reports identified under request 8 above;

l 0.

if not included in response to request 9, copies of any e-mails sent by the
University to students relating to specific incidents of sexual violence involving
students, whether those e-mails were drafted by the University or forwarded by
the University from the police department;

11.

copies of any notes, agendas, summaries or follow~up communication related to
any meetings during the 2011-2012, 2012-2013, 2013-2014, and 2014-2015
school years between University staff and the complaining student(s) regarding
any allegations of, or remedies for, sexual harassment;

 Page 5-Thomas

J. Haas, Ph.D.

12.

a description and copies, if applicable, of any steps the University took during the
2011-2012, 2012-2013, 2013-2014, and 2014-2015 school years to make students,
faculty, and staff at the University aware of the policies and procedures identified
in response to requests 1 or 2 above, such as publications, website statements,
and/or training;

13.

a description of the ways in which the University communicates with students,
staff, and other members of the campus community about its processes for
addressing sexual harassment and violence (for example, through its web site,
specific publications, specific other electronic means, etc.);

14.

a description 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 2011-2012, 2012-2013,
2013-2014, and 2014-2015 school years. For each training, include the date of
the training; the target audience ( e.g., coaches, residence hall staff, etc.); copies of
any related materials distributed at the trainings; and a description of the
background/expertise of the individual who provided training;

15.

copies of any and all brochures, pamphlets, or other materials that are
disseminated by the University to students regarding sexual harassment, the rights
of complainants and accused individuals, and/or other campus resources available
to assist those facing sexual harassment/violence;

16.

a description of the University's collaborative efforts with any advocacy groups
on and off campus to prevent sexual harassment, misconduct, and violence and to
notify students and employees of their rights under Title IX;

17.

a list of campus organizations and other resources for students that address
students• concerns or issues related to sexual harassment, including contact
information for each organization, and how information about these organizations
is disseminated to students;

18.

a list of any women's organizations on campus, including contact information for
each organization, and how information about these organizations is disseminated
to students;

19.

a list of any lesbian, gay, bisexual, transgender, or alliance organizations, on
campus including contact information for each organization, and how information
about these organizations is disseminated to students;

20.

please identify any rape crisis center(s), sexual assault support network, or other
similar agency on the University's campus, and provide contact information for
any such agency or agencies;

 Page 6 - Thomas J. Haas, Ph.D.
21.

a description of how the University has assessed the campus climate regarding
sexual harassment issues, conducted self-assessments, collected data, or
monitored sexual harassment, misconduct, or violence on campus, if at all, for
school years 2011-2012, 2012-2013, 2013-2014, and 2014-2015. Please provide
any summaries or interim or final reports that describe the outcome of these
efforts; and

22.

any other information you believe relevant to the complaint allegations.

Thank you for your cooperation in this matter. We also may need to interview individuals at the
University with knowledge of the facts of this case. If we detennine that an on-site visit is
necessary, we will contact you to schedule a mutually convenient time for our visit.
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 OCR's investigation. If you
have any questions, please contact one the OCR attorneys who have been assigned to investigate
this complaint, Aubrie Wancata and Ann Millette. Ms. Wancata can be reached by telephone at
(216) 522-4711 or by e-mail at Aubrie.Wancata@ed.gov, and Ms. Millette can be reached by
telephone at (216) 522-2679 or by e~mail at Ann.Millette@ed.gov.
C,.

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

(Kelly M. Johnson

v
Supervisory Attorney/Team Leader

Enclosure