UN ITED STATES DEPARTMENT OF EDUCATION OHICE FOR CIVIL RIGHTS, REGION XV D50 EU( ' l.11) ,\Vl:N U E. UI T F. .325 ('LEVEi.AND. Oil 44115 R£GION X\ ' MICHIGAN O Hi() March 7, 2014 (b )(6), (b )(7)(C) Re: OCR Docket #15-14-2128 Dear 1(b)(6),(b !: On February 19, 2014, the U.S. Department of Education's Office for c;vil Rights (OCR) received a complaint you filed against Denison University (the University). The complaint alleges that the University discriminated against you on the b~sis of sex. Specifically , your complaint alleges that the Univers ity failed to prompt ~yand equitably respond to complaints, reports and/or incidents of sexual violence of which it had notice, including your (b)(6) ,(b)(7)(C) report of sexual assault, and, as a result, ;students, including you, were su ~ecte to a sexually hostile environment. OCR is responsible for enforcing Title IX of the Education Amendment $ of 1972, 20 U.S.C. § 1681 et seq., and its implementing regulation, at 34 C.F.R. Hart 106, 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 rx. I Because OCR has detennined that we have jurisdiction over the allegati t n and that this complaint was filed timely, we are opening the allegation for investigation. Based on the comp~aint allegation, we will investigate the following legal issues: I 1. Whether the University provided prompt and equitable rJponses to sexual violence complaints, reports, and/or other incidents of wliich it had notice (knew about or should have known about) as required by the Title IX implementing regu lation at 34 C.F.R. §§ 106.8 and 106.3~. s 71,e /)epartment of /;'c/ucmion mission ls to pmmore rtudent achiewment and preparationfor ufubal compe1itivc11 ess by jrJstering educati onal excellence1111d ensuring equal access. 11ww.ed.gov Page 2 - l(b)(6),(b)(7)(C) 2. a. Whether the University complied with the require F ents of the Title IX regulation at 34 C.F .R. § 106.9 regarding otice of nondiscrimination. b. Whether the University complied with the requir~ents of the Title IX regulation at 34 C.F.R . §§ 106.8 and I 06.f (a) regarding the designation and notice of a Title IX coordina to . Whether any failure by the University to provide a promp and equitable response allowed a student or students and/or the campus, !generally, to continue to be subjected to a sexually hostile envirorunen ~ that denied or limited a student or students' ability to participate in or berefit 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 implie that OCR has made a determination with regard to its merits. During the investigatio ~ IOCR is a neutral fact-finder , collecting and analyzing relevant evidence from the cbmplainant, the recipient, and other sources as appropriate. OCR will ensure that the invr stigation 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 approp ·ately. We will communicate with you periodically during our investigation. When cont r' cting our office about your case, please refer to OCR Docket Number 15-14-2128. If you have any questions, please contact Denise Vaughn, the OCR attoj ey who has 4 or by e-mail been assigned to investigate this complaint, by telephon e at (216) 522at Denise.Vaughn@ed .gov . 1·s p n• (b )(6),(b )(7)(C) Kelly M. Johnson Team Leader UNITED STATES DEPARTME NT OF EDU CATION OFFICE FOR CIVIL RIGHTS, REGION XV IJ~O EUCLI D AVEN UE. UITE J25 C l. EVELAN D . 011 44 115 REGIO N XV MIC HIGA N OHI O March 7, 2014 Adam S. Weinberg , Ph.D. President Denison University P.O. Box 713 Granville, Ohio 43023 Re: OCR Docket #15 - 14-2l i28 Dear Dr. Weinberg: On February 19, 2014, the U.S. Department of Education's Office for Ciyil Rights (OCR) received a complaint filed against Denison University (the Universi ty). 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 c~ taints , r orts and/or incidents of sexua l violence of which it had notice, including a (b}(6},(b}(7)(C) report of sexua t assault made by a female student (the Student), and , as a.result, students, including the Student, were subjected to a sexually hostile environment. I OCR is responsible for enforcing Title IX of the Education Amendmen j of 1972, 20 U.S .C. § 1681 et seq., and its implementing regulation, at 34 C.F.R. ~art 106, which prohibit discrimination on the basis of sex in education programs and activ ities 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 determined 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 1. Whether the University provided prompt and equitable responses to sexual violence complaints, reports, and/or other incidents of wh~ch it had notice (knew about or should have known about) as required by lhe Title IX implementing regulation at 34 C.F.R. §§ 106.8 and 106.3 L l11e Depannie111of Etl11ca1io11 ·s mission is 10 promo1e s111den1 achi11~·< w en1 and preparation.for gloha/ compe 1i1h·e11 ess byji>Slt'ring ed11cMio11al excellence and ens11ri11g eq11a l access. 1n,-w.ed.gov Page 2 - Dr. Adam S. Weinberg 2. a. Whether the University complied with the requirements of the Title IX regulation at 34 C.F.R. § 106.9 regarding ~otice of nondiscrimination. b. Whether the University complied with the requirek ents of the Title IX regulation at 34 C.F.R. §§ I 06.8 and 106.p(a) regarding the designation and notice of a Title IX coordinatdr. Whether any failure by the University to provide a prompt and equitable response allowed a studen t 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 bcinefit from the University's programs, in violation of the Title IX implen,enting regulation at 34 C.F.R. §§ I 06.8 and 106.31. Please note that openin g an allegation for investigation in no way implie$ that OCR has made a determination with regard to its merits. During the investigation OCR is a 1 neutral fact-finder, collecting and analyzing relevant evidence from the complainant, the recipient, and other sources as appropriate. OCR will ensure that the investiga tion is legally sufficient and is dispos itive 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 Pr-;>cessing Procedures ," includes information about: • OCR's complaint evaluation and resolution procedures, includinl 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 investigat ion; 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 T~tle VI regulation, at 34 C.F.R. § 100.6, requires that a recipient of Federal finartcial assistance make available to OCR information that may be pertinent to reaching a compliance determination. The Title IX regulation incorporates those requirements oy reference at 34 C.F.R. §106.71. In addition, in accordance with the Title VI regulatiqn at 34 C.F.R. § 100.6( c) and with the regulation implementing the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, at 34 C.F.R. § 99.3I(a)(3)(iii), OCR m8?' review personally identifiable records without regard to considerations of priva9y or confidentiality. Page 3 - Dr. Adam S. Weinberg Accordingly , we are requesting that you forward the following informati , n to us within 15 calendar days of the date stamped at the top of this letter. Wherever Pfssible, please provide the requested information on a CD (and bates-labeled if you havT that capability); otherwise please provide the information via hard copy: 1 l. I a copy of any University po licies or procedures in effect ~wing the 2011-2012, 2012-2013 , and 2013-2014 school years tha t ~ddress discrimination and harassment based on sex, including se~ual violence, involving students, employees, and third parties, includin~ sexual violence/m isconduct/harassment policies and procedures , ff itle IX codes, grievance procedures, applicable disciplinary procedures appeal procedures, and nondiscrimination notices; 4nct 2. if any of the above policies or procedures changed over the applicable time period , please provide a copy of all documents that r~flect each change and note the date(s) when the new policy or procedure became applicable; 3. the narne(s) and title(s) of the University's Title IX coordipator(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 , other thf those listed in response to request number 3, responsible for investigating incidents of discrimination and harassment based on sex or implemen bng any part of the University's Title IX grievance process; 5. a description of how the University handles criminal com~laints 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 a9o ut the status of criminal investigations; 6. a description oflaw enforcement's role in the University'* Title IX investigation process, including a copy of any memoran d~ 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 inciden ts of discrimination and harassme°i t based on sex, I including sexual violence; I Page 4 - Dr. Adam S. Weinberg 8. a detailed description of the University's electronic cond t management system (the ADVOCATE), including how it works and i role with respect to the reporting of sexual harassment, sexual assa~lt or sexual violence complaints; include the names and titles of all individuals who have access to review information relayed to the system alid the name and title of the individual responsible for monitoring the syste~; 9. a copy of all documentation concerning any formal or inf6rmal complaints or reports of sexual harassment made to the University (i~cluding, but not limited to those received by University personnel, campus security, University housing residential advisors, Denison Health S~rvices, Title IX Coordinator, Associate Dean and Director of Student Conduct, Human Resources, Vice President of Student Development or those received elsewhere and then referred to the University) or investigated/ resolved by the University during the 2011-2012, 2012-2013, and 201~-2014 school years. The documentation should reflect all steps of the cpmplaint process through the final resolution, including all levels of the appeal process available through the University, and shall include: a. a copy of any written complaints or reports, and a (ietailed description of any verbal complaints; 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 , i~cluding any correspondence, e-mails, and other documents, as well as how the ~nive~sit~ notified pertinent parties of the outco~e of each mveshgatlon; I d. a detailed description of any action the University ltook to stop any harassment or discrimination and to prevent any a~ditional discrimination or harassment based on sex, while each complaint or report identified in response to request 8(a) above was being investigated (interim measures) by the University or other law enforcement entities or after the investigation con~luded; e. a copy of any documents, including student discip~ine records, memoranda, e-mails, notes, or other documents, tqat 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(a) above; and Page 5 - Dr. Adam S. Weinberg f. for each complaint or report of alleged sexua l harassment and/or violence responsive to this request, identify (1) wijether the Univers ity found that the complainant and/or othet students were sexually harassed/assaulted; (2) whether the UnivJrsity found that any complaint was part of a larger pattern of similk complaints; (3) whether the University made any conclusion apout whether the complainant and/or other students were subject to a sexually hostile environment; and (4) whether any of the University's findings, actions, or conclusions were reversed , overturned, or affirmed through a subsequent appeal process; 10. if not included in responses above, copies of all communipations, including letters, e-mails, notes, memoranda, reports, notites, or other communications sent or received by University faculty, s*ff, administration, and/or Trustee s during the 2011-2012, 2012-2013. and 2013-2014 school years that discuss, relate, or refer to the complaints or reports identified under reques t 8 above; 11. copies of any notes , agendas , summaries, or follow-up co~ munication related to any meetings during the 2011 -2012, 2012-2013 r and 2013 -2014 schoo l years between University staff and the complaining student(s) regarding any allegations of, or remedies for, sexual harassment; 12. a description and copies, if applicable, of any steps the Universi ty took during the 2011-20 12, 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 1 or 2 above i such as publications, websi te statemen ts, and/or training ; 13. a description of the ways in which the University communicates with students , staff, and other members of the campus commur,ity 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 assau lt and violence, the U~versity provided or offe red to (1) University personnel; and (2) University ~tudents during 2011-2012, 2012-2013, and 2013-2014 school years. Forleach training, include the date of the training ; the target audience (e.g., 90ache s, residence hall staff, etc.); copies of any related materials distributed at the trainings; and a description of the background/expertise otthe individual who provided training; Page 6 - Dr. Adam S. Weinberg 15. copies of any and all brochures, pamphlets, or other materials that are disseminated to by the University to students regarding s+ual harassment, the rights of complainants and accused individuals, and/of other campus resources available to assist those facing sexual harassment/violence; 16. a description of the University's collaborative efforts wiJ any advocacy groups on and off campus to prevent sexual harassment, misconduct, and violence and to notify students and employees of their rigp.ts 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, but not limited to, women's or men's organizations; lesbian, gay, bisexual, transgender, or alliance organizations; and rape crisis centers, sexual assault support networks, or other similar agencies); inchilie contact information for each organization, and how information about these organizations is disseminated to students; 18. 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, and 2013-2014. Please provide any summaries or interim or final reports that desbribe the outcome of these efforts; and 19. 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. Ifwe determine 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 ~elephone number of the person who will serve as the University's contact person 1uring OCR's investigation. If you have any questions, please contact Denise Vaughn,.the OCR attorney who has been assigned to investigate this complaint, by telephofie at (216) 522-7574 or by e-mail at Denise.C.Vaug}m@ed.gov. ' Kelly M. Johnson Team Leader Enclosure