UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS, REGION XV 1350 EUC LID AVE NU E. SUIT E 325 C LE V ELAND . OH 44115 RE G IO :-i XV MIC'IIIGAN 0 111 0 ·MAYO6 2014' Dr. Luis M. Proenza Presid ent University of Akron 302 Buchtel Commons Akron , Ohio 44325 Re: OCR Docket # 15-14-2157 Dear Dr. Proenza: On April 8, 2014, the U.S. Department of Education 's Office for Civil Rights (OCR) received a complaint filed against the University of Akron (the University). The complaint alleges that the University discriminated on the basis of sex and national origin. Specifically , the complaint alleges that the University failed to promptly and equitably respond to com laints, re orts, and/or incidents of sexual violence of which it had notice , including an (b)(6),(b)(7) complaint of sexual assault again st a student (the Student) , and, as a result, students, including the Student , were subjected to a sexually hostile environment. The complaint also alleges that the University employees who first responded to the Student's report of sexual assault discriminated against her on the basis of national ori 1in when the did not take her report seriously because they perceived her to be (b)(6),(b)(7)(C) The complaint further alleges that the University retaliated against the Student for having reported the sexual assault by subjecting her to disciplinary action for an alleged violation of the University ' s conduct code. OCR is responsible for enforcing Title IX of the Education Amendments of 1972, 10 U.S.C. § 1681 et seq., and its implementing regulation , at 34 C.F.R. Part I 06 , which prohibit discrimination on the basis of sex in education programs and activities operated by recipients of Federal financial assistance from the Department. OCR is also respon sible for enforcing Title YI of the Civil Rights Act o f 1964, 42 U.S.C. § 2000d et seq., and its implementing regulation, 34 C.F.R. Part l 00. Title VI prohibits discrimination on the bases of race, color, and national origin by recipients of Federal financial assistance from the Department. Persons who seek to enforce their rights under these laws are also protec ted from retaliation. As a recipient of Federal financial assistance and as a public entity, the University is subject to these laws. The Departm ent of Education' s miss ion is to pr omote swd cm achie1·eme11tand pr eparati on fo r g lobal competitil ·eness by fo stering educational excellence and ensuring equal access. 11w w.ed.gov Page 2 - Dr. Luis M. Proenza Because OCR has determined that we have jurisdiction over the allegations and that this complaint was filed timely, we are opening the allegations 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. §§ I 06.8 and l 06.31. a. Whether the University complied with the requirements of the Title IX regulation at 34 C.F.R. § l 06.9 regarding notice of nondiscrimination. b. Whether the University complied with the requirements of the Title IX regulation at 34 C.F.R. §§ l 06.8 and l 06.9(a) regarding the designation and notice of a Title IX coordinator. 2. Whether any failure by the University to provide a 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. §§ I 06.8 and I 06.31. 3. Whether the University excluded a student from participation in, denied her the benefits ot: or otherwise subjected her to discrimination under its program based on her national origin, in violation of Title Vi's implementing regulation at 34 C.F.R. § I00.3(a). 4. Whether the University intimidated, threatened , coerced, or discriminated against an individual for the purpose of interfering with any right or privilege secured by Title IX or because he or she made a complaint under Title IX, in violation ofTitle IX's implementing regulation at 34 C.F.R. § 106.71. Please note that opening an allegation for investigation in no way implies that OCR has made a detennination with regard to its merits. During the investigation , OCR is a neutral fact-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 allegations in accordance with the provisions of Article lII ofOCR's Case Processing Manual. For your reference , the enclosed document, entitled "OCR Complaint Processing Procedures ," includes information about: Page 3 - Dr. Luis M. Proenza • 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. § I 00.6, 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. § I00.6(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 information 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: I. a copy of any University policies or procedures in effect during the 2011-2012, 2012-2013, and 2013-2014 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 IX 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 ; Page 4- Dr. Luis M. Proenza 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 of law 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 by the Student (b)(6),(b)(7)(C) and made by other students to the University (including, ut not 1mtte to, those received by University personnel, campus police , or those received elsewhere and then referred to the University) or investigated/resolved by the University during the 2011-2012, 2012-2013, and 2013-2014 school years, including: a. a copy of any written complaints or reports , and a detailed description of any verbal complaints; b. a copy of all investigative files including the investigative files of the campus police , 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, e-mails, 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 Page 5 - Dr. Luis M. Proenza 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 other parties affiliated with the University during the 2011-2012, 2012-2013 and 2013-20 I4 school years that discuss, relate or refer to the complaints or reports identified under request 8 above; I 0. copies of any notes, agendas , summaries or follow-up communication related to any meetings during the 20I1-2012 , 20I2-2013, and 2013-20 I 4 school years between University staff and the complaining student(s) regarding any allegations of, or remedies for, sexual harassment; I 1. a description and copies , if applicable , of any steps the University took during the 2011-2012, 2012-2013, and 2013-2014 school years to make students, faculty , and staff at the University aware of the policies and procedures identified in response to requests I or 2 above , such as publications, website statements, and/or training; 12. 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 mean s, etc.) ; 13. 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 , and 2013-2014 school years. For each training , Page 6 - Dr. Luis M. Proenza 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; 14. copies of any and all brochures, pamphlets, or other materials that are disseminated to by the University to students regarding sexual hara ssme nt, the rights of complainants and accused individuals , and/or other campus resources available to assist those facing sexual harassment/violence ; 15. a description of the University's collaborative efforts with any advocacy groups on and off campus to prevent sexual harassment, mis co nduct , and violence and to notify students and employees of their rights und er Title IX; 16. 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; 17. a list of any women's organizations on campus, including contact information for each organization, and how infonnation about these organizations is disseminated to stud ents ; 18. 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; 19. 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; 20. 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 , 20 12-2013 , and 2013-2014. Please provide any summaries or interim or final reports that describe the outcome of these efforts; 21. 22. a copy of all correspondence sent by the Department of Student Judicial Affairs to the Student and to the alleged harasser if not includ ed in the response to item #2 1; and Page 7 - Dr. Luis M. Proenza 23. any other infonnation 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. lf 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 Daniel Scharf , the OCR attorney who has been assigned to investigate this complaint, by telephone at (216) 522-7627 or by e-mail at Daniel.Scharf@ed.gov. - l 1! Joseph G. Hajjar Acting Supervisory Attorney /Team Leader Enclosure UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS, REGION XV 1350 EUC LID AVENUE. SUITE 325 C LEVELAND. OH 44115 REGION XV MICIIIGA N 0 111 0 MAYO6 2014 (b )(6), (b )(7)(C) Re: OCR Docket # l 5-14 -2157 Dear (b)(6},(b)(7)(C) On April 8, 2014 , the U.S. Department of Education's Office for Civil Rights (OCR) received a complaint you filed against University of Akron (the University). The complaint alleges that the University discriminated on the basis of sex. Specifically, the complaint alleges that the University failed to promptly and equitably respond to com · , and/or incidents of sexual violence of which it had notice , including 6 your (b)( },(b)(?) complaint of sexual assault , and , as a result , students , including you, were subjected to a sexually hostile environment. The complaint also alleges that the University employees who first responded to your report of sexual assault discriminated against you on the basis of national ori in when the did not take your report seriously because they perceived you to be (b)(5 ),(b)(7 l(C) The complaint further alleges that the University retaliated against you for having reported the sexual assault by subjecting you to disciplinary action for an alleged violation of the University 's conduct code. OCR is responsible for enforcing Title IX of the Education Amendments of 1972, 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 in education programs and activities operated by recipients of Federal financial assistance from the Department. OCR is also responsible for enforcing Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., and its implementing regulation, 34 C.F.R. Part l 00. Title VI prohibits discrimination on the bases of race , color , and national origin by recipients of Federal financi al assistance from the Department. Persons who seek to enforce their rights under these laws are also protected from retaliation. As a recipient of Federal financial assistance and as a public entity, the University is subject to these laws. The Depar1me111of Education ·s mission is to promote student achievement and prepara1io11fo r global compelilil'eness by f os/ering ed11ca1io11nlexcellence and ensuring equal access. 11 ww.ed.gov Page 2 -!(bJ(6J,(bJ(7J(CJ Because OCR has detennined that we have jurisdiction over the allegations and that this complaint was filed timely , we are opening the allegations for investigation. Based on the complaint allegations, 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. §§ I 06.8 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. b. Whether the University complied with the requirements of the Title IX regulation at 34 C.F .R. §§ I 06.8 and I 06. 9( a) regarding the designation and notice of a Title IX coordinator. 2. Whether any failure by the University to provide a 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's or students' ability to participate in or benefit from the University's program, in violation of the Title IX implementing regulation at 34 C.F.R. §§ 106.8 and 106.31. 3. Whether the University excluded a student from participation in, denied her the benefits of, or otherwise subjected her to discrimination under its program based on her national origin , in violation of Title Vi's implementing regulation at 34 C.F.R. § I 00.3(a). 4. Whether the University intimidated, threatened, coerced, or discriminated against an individual for the purpose of interfering with any right or privilege secured by Title IX or because he or she made a complaint under Title IX, in violation of Title IX's implementing regulation at 34 C.F.R. § 106.71. Please note that opening an allegation for investigation in no way implies that OCR has made a detennination with regard to its merits. During the investigation, OCR is a neutral fact-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 allegations in accordance with the provisions of Article lil 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 15-14-2157. Page 2 -l