llNITF.D STATES DEPARTMENT 01• EDUCATION OFFICE FOR CIVIL RIGH TS, REGION XV 1.150 1:.l /C'l. 11>AVF. llE. SU ITE .<25 Cl. f. V E I A ND. 0 11 4411 5 11t: (.;10N .XV MI CHIGA N 0 1110 JUL O1 2013 Dr. Thomas White President Cedarville University 251 N. Main Street Cedarville, Ohio 45314 Re: OCR Docket #15-13-2163 Dear Dr. White: On May 17, 2013 , the U.S . Department of Education (the Departmen t), Office for Civil Rights (OCR), received a complaint filed against Cedarville University (the University). Specifically, the complaint alleges that the University does not have a Title IX coordinator and prompt and equitable grievance procedures. OCR is responsible for enforcing Title IX of the Educat ion Amendments of 1972, 20 U.S.C. §1681 et seq., and its implementing regulation, 34 C.F.R. Part 106. Title IX prohibits 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 Univers ity is subject to Title IX. Because OCR has jurisdiction over these allegations and the complaint was filed timely, OCR is opening this complaint for investigation. Based on the complaint allegations, OCR will investigate the following issues: • whether the University failed to designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under Title IX, including the investigation of any complaint alleging noncompliance with Title IX or alleging any actions which would be prohibited by Title IX, and to notify its students and employees of the name, office address and telephone number of the employee(s ) as required by the Title IX implementing regulation at 34 C.F.R. § I06.8(a); and ,f r."d11c111im 1°,f 111i ssio11is 10 p romote 1t11de111 at hil! 1·e111 e111 and 11repar(l{io11fur /"l,e Ol!par/1111!11/ hy / os tl!1-i11gl!t!uca/ i rma l excelll! nn! and ,mswi11g<'lJIIOIaccess . w11 ·11 ,.ec/.J! .O~' g lohal c·o 111pt• ti1iv,•11iJ.fS Page 2 - Dr. Thomas White • whether the University failed to adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee complaints alleging any action which would be prohibited by Title IX as required by 34 C.F .R. § 106.8(b). Please note that opening this matter for investigation in no way implies that OCR has made a determination with regard to the merit of the allegations . During the investiga tion, 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 ProcessingManual. Please read the enclosed document entitled OCR ComplaintProcessingProcedures, which 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 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. We intend to conduct a prompt investigation of this complaint. The regulation implementing Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., at 34 C.F.R. § 100.6(b) and (c), requires that a recipient of Federal financial assistance make information avai lable to OCR that may be pertinent to reaching a compliance determination. This requirement is incorporated by reference in the Title IX regulation at 34 C.F.R. § 106.71. Pursuant to 34 C.F.R. § 100.6(c) and 34 C.F .R. § 99.3l(a)(3)( iii) of the regulation imp lementing the Family Educational Rights and Privacy Act (FERP A), 20 U.S.C. § 1232g, OCR may review personally identifiable records without regard to considerations of privacy or confidentiality. We are therefore requesting that you forward the following information to us within 15 calendar days of the date stamped at the top ofthis letter . Where possible, pleas e provide the requested informat ion in electronic format (and bates-labeled if you have that capability); otherwise, please provide the information via hard copy: Page 3 - Dr. Thomas White 1. a copy of any University policy prohibiting discrimination and/or harassment and assault based on sex, and a copy of any University grievance procedures which address student and employee complaints of sex discrimination and/or sexual harassment and assault; 2. the name(s) and title(s) of the University employee(s) responsible for investigating complaints of sex discrimination and/or sexual harassment and assault, and for coordinating the University's compliance with Title IX, and the date this person(s) began serving in this position. Please include a copy of all notifications to students and employees of the name, office address and telephone number of the employee(s), and information about where these notices can be found; 3. a copy of the University's Student Handbook for the 2012-2013 academic year; 4. a copy of any documents, including correspondence, memoranda, e-mails, notes, meeting minutes, investigative files, or other records relating to all complaints and/or investigationsof sex discrimination at the University, including sexual harassmentand assault, from the 2011-2012 academic year to the present; and 5. any other information the University believes may be relevant to OCR's investigation of this complaint. Thank you for your cooperation in this matter. In addition to the information requested above, OCR may need to request other documentation and 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. OCR is conunitted to prompt and effective service. 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 Ms. Sacara Martin, the OCR staff person assigned to investigate this complaint, by telephone at (216) 522-7640 or by e-mail at Sacara. Martin@ed.gov. Sincerely, r X6),(bX7XC) Ann Millette Acting Tearn Leader UNITED STATES OEPARTM ENT OF EDUCA T ION OFFICE FOR CIVIL RIGHTS, REGION XV US O ElJ(.'I.ID AVEN lJE. SUITE .125 ('Lt ; VELAND. OH 44 115 Kf.(jl()N X \' MJ(' il l( J ,\ ,'I O HI O JUL O1 2013 (b )(6), (b )(7)(C) Re: OCR Docket #15-13-2163 On May 17, 2013 , the U.S. Department of Education (the Department ), Office for Civil Rights (OCR) , received your complaint filed against Cedarville University (the University), alleging that the Universi has discriminated against you on the basis of sex. Specifically , you allege that in (b)(6),( b}(7)(C you were sexually assaulted on campus by another student and that the University has not informed you of the outcome of its investi ation of the assault (b)(6),{b)(7)(C) 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 prohibits discrimination on the basis of sex in education progr~s 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. OCR reviewed your complaint and the information you provided during a telephone We are opening your allegations that the University does not interview on (b){6),(b)(7)(C) have a Title IX coor mator and grievance rocedures for investigation but are dismissing your individual allegation regarding the (bl(6 ),{b)(7 l(C) sexual assault as untimely, as explained below. 7'1, e /)epar1111 e111'?f /:'cl11rmio11·s 111is sio11i.\' tn pn>mote s•11d<•,1t ar; ,i t"Vt'lll t'li t and preparation {i,r glo hal co111p etitin: 11 ess hyji) .,·tt'l'i ll!f ed11 catio11a/c\c11/lt'11Ce ,•111/ e11 s11ri11 g e,11111 / 11n't'S.I'. 1-nn,·.ed.gov Page 2 - (b)(6) ,(b)(7)(C) '----------1 OCR' s CaseProcessingManualprovides that OCR generally will take action only on allegations filed with OCR within 180 calendar days of the last act of alleged discrimination. OCR may grant a waiver of this filing requirement in limited circumstances for ood cause. OCR has determined that the alleged discrimination that occurred in (b}(6},(b}(7)( C) occurred more than 180 calendar days before you filed this complaint. Therefore, you did not file this allegation in a timely manner. You requested a waiver of OCR's timeliness requirement, and you explained that you did not file the complaint earlier because you were concerned about being expelled from the University if you reported it while you were enrolled there. OCR is denying your request for a waiver, as this reason does not constitute good cause for waiving the timeliness requirement. OCR also may grant a waiver of the timely filing requirement if the complainant filed, within the 180-day period, an internal grievance with the school alleging the same discriminatory conduct and the OCR complaint is filed no later than 60 days after the internal grievance is concluded. However, in this instance, your report of the sexual assault to the University did not occur within the 180-day period. Accordingly, OCR is dismissing your individual allegation of sex discrimination/sexual assault as untimely as of the date of this letter. Because OCR has jurisdiction over the remaining allegations that the University does not have a Title IX coordinator and grievance procedures, and these allegations were timely filed, OCR is opening these allegations for investigation. Based on the allegations, OCR will investigate the following issues: • whether the University failed to designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under Title IX, including the investigation of any complaint alleging noncompliance with Title IX or alleging any actions which would be prohibited by Title IX, and to notify its students and employees of the name, office address and telephone number of the employee(s) as required by the Title IX implementing regulation at 34 C.F.R. § 106.8(a); and • whether the University failed to adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee complaints alleging any action which would be prohibited by Title IX .as required by 34 C.F.R. § 106.8(b). Please note that opening this complaint for investigation in no way implies that OCR has made a detennination with regard to the merit of the allegations. During the investiga tion, 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 Ill of OCR's Case ProcessingManual. Page 3 - l