l l NITED STATES DF:P.-\RTM ENT OHI C'E FOR CIVIL RIGHTS. or EDl i CATIO~ RE G ION XV hC/0 Sl 1l'l ' RI O R AV l: N l' I·. l: A S I . Sll l ' I· 75 0 ('1.1 : VFI. A N I>. OH 44 1 14- ~<, J I llf.(;1()'1 \\ ' \ II\ 11 1<, .\ :S OIi i () APR18 2013 (b )(6), (b )(7)(C) Re: OCR D,)cket #15-13-2141 Dear!~~ (5 },(b)(?) !: On April 10, 2013, the U.S. Department of Education (the Department ), Office for Civil Rights (OCR ) received the above-referenced complaint filed against Wittenberg University (the University) alleging that the University discriminated against you, a University student , on the basis of sex. Specifically , the complaint alleges that the University failed to respond appropriately , including by failing to conduct a timely investigation, when you reported that ou were sexuall 1ssaulted by a male student !o (b}( 6},(b}( 7)(C) athlete lar1111 e11r of t :·t1,wa ru111\ · 111i ssio11is w p rrJlllfJII' ,wd, ·m achi e1·c·111 <'ill t1//d 11r t'/>ar mio 11fiir ~lo/1(1/, ·111 111, c•tili l'e11 e,·s c,11io11ufc'.tcelfe11 ce and e11s11r 111 g <'I/Ila! ,1cn ·, ., . hy.fi1sf<'ri11 g 1•c/11 ww11·n/ .go1· Page 2 - !{b)(6),(b)(7)(C) • whether the Univers ity interfered with or lim ited the ability of a student to participate in or benefit from the services, activities, or privileges prov ided 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 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 complainti under Title IX in violation of the Title IX implementing regulation at 34 C.F.R . § 106.8(b). Please note that openi ng allegations for investi gation in r o way implie s that OCR has made a determinat ion with regard to their merits. During the investigation , OCR is a neutral fact-finder, collecting and analyzing relevant evic ence from the complainant, the recipient, and other sources, as appropriate. OCR will er sure that its inves tigation is legally sufficient and is dispositive of the allegations, in accordance with the provisions of Article Ill of OCR ' s Case Processing Manual. OCR works to resol ve allegations of discrimination promptly and appropriately. We will communicate with you period ically during our investiga tion. When contacting our office about your case, please refer to OCR Docket# 15-13-2141. Please note that your comp laint may be appropriate for Early Complaint Resolut ion (ECR), a voluntar y 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 comp laint. If we believe that your complain t is appropriate for ECR, we will contact you to discuss this option. If you have any questions, please contact Ms. Sarah Poppleton , Equal Opportunity Spec ialist, by telephone at (216) 522-2674 or by e-mail at Sarah .Poppleton@ed.gov. Sincerely, 0 Catherine D. Criswell Director LINITED STATES DEPARTMENT OF' EOl lCA TION OFF I CE FO R ('IVIL R IGH T S. RE <; ION XV MIO S l l l' ER IOR AVEN llP 1:AS 'I . SU l'I I: 7~0 C'l.l i VEl.i\NI). Oil H 114 - 2(,t I 11t: c 10N :-;1· \11( 111(:. , 's ()1 1I U APR 18 2013 David A. Campbell, Esq. Vorys, Sater, Seymour and Pease LLP 1375 East Ninth Street 2100 One Cleveland Center Cleveland, Ohio 44114-1 724 Re: OCR Docket #15 -13-2141 Dear Mr. Campbell : On April 10, 2013 , the U.S. Department of Education (th,! Department ), Office for Civil Rights (OCR) received the above -referenced complaint filed against Wittenberg University (the University) alleging that the University discriminated against a University student (the Student) on the basis of sex. Specifically, th:! complaint alleges that the University failed to respond appropriately , including by failing to conduct a timely invest igation , when the Student reported that she was sexually assaulted by a male student athlete l