UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS, REGION XV 600 SUPERIOR I.VENUE EAST, SUITE 750 CLEVELA 40, OH 44114 -2611 REGION XV MICHIG AN OHIO DECo·s2011 (b)(6), (b)(7)(C) R !: OCR Docket #15-12-2018 On November 15, 2011, the U.S. Depa1tmentofEducation (the Department), Office for Civil Right s (OCR), received the above-referenced complaint filed against Xavier University (the University), alleging th c.tthe University discriminated aga inst ~ 5 ),(bj{/j a student at the University , or the basis of sex. Specificall , the cornpirunt re orted alleges that the University failed to resi:ond appropriately when (b)(6),(b)(7)(C) that she was sexually assaulted and ther stalked by a male student during the (b)(6),(b)(7)(C) school year and!(b)(6),(b)(7)(C) In addition, the complaint alleges that the University , ru a practice, does not follo w its own written procedures or the procedural requireme 1ts of Title IX in addres sing allegati ·ons of sexual harassment or sexual assault. !~~~! l OCR is respon sible for enforcing Title JX of the Educa tion Amendments of 1972, 20 U .S.C . § 1681 et seq., and its irnplen tenting regulation, 34 C .F .R. Part 106. Title IX prohibits discrimination on the basis of 3ex in education programs and activities that receive Federal .financial assistanc e fron the Department. As a recipient of such financial assistance , the University is subject to th e requirements of Title IX. Becau se OCR has determined that it ha! jur isdiction and is waiving our timeliness requirement for filing based on good ca Jse shown, it is opening this complaint for inves tigation. Based on the complaint alle gations, we will investiga te the following issues: The Departmem of Education'smission is to promot ! sn,denl achievement and preparationfor global competitiveness byfos tering educationalexcellenceand ensuringequal access. www.ed.gov Page _ ,(b)(6),(b)(7)(C) 2 • whether the University failed to promptly and appropriately respond to alleged sexual harassment, resulting in 1 student, on the basis of sex, being excluded from participation in, being denied the benefits of, or being subjected to discrimination in University education progrants or activities in violation of the TitJe IX implementing regulation at 34 C.F.R. § 106.31; and • whether the University's Title 1 ( practices, policies, and procedures for investigating sexual harassment complaints fail to provide for the prompt and equitable resolution of student complaints under Title IX in violation of the Title IX implementing regulation at 34 C.F.R. § 106.8(b). Please note that opening an allegation f )r investigation in no way implies that OCR has made a determination with regard to its merit. During the investigation, OCR is a neutral ant evidence from the complainant, the fact-finder, collecting and analyzing rel :"V recipient, and other sources as appropri 1te. OCR will ensure that its investigation is legally sufficient and is dispositive of tl.e allegations in accordance with the provisions of Article HI of OCR's Case ProcessingAfanual. Please note that this complaint may be Lppropriate for Early Complaint Resolution (ECR), a voluntary process similar to II ediation dwing which an OCR staff person facilitates communication between the parties in an attempt to resolve complaint allegations. If we believe that this complaint is appropriate for ECR, we will contact you to discuss this option. OCR works to investigate complaints piomptly and appropriately. We will communicate with you periodically during our investi 3ation. When contacting our office about your complaint, please refer to OCR Docket t 15-12-2018. If you have any questions, please contact Mr. Vincent Cheverine, one of t:ie attorneys assigned to investigate this complaint, by telephone at (216) 522-2c76 or by e-mail at Vincent.Cheverine@ed.gov. Si:1cerely, Kcrla K. Ussery Te:UllLeader UNITED STATE S DE >ARTMENT OF EDUCATION OFFICE FOR Cl VIL RIGHTS, REGION XV 600 SUPERIOR~ VENUE EAST, SUITE 750 CLEVELAl lO, OH 441 14-2611 REGION XV MICHIGAN OHIO DECO8 2011 .. Mr. Michael J. Graham, S.J. President Xav ier University 3800 Victory Parkway Cincinnati, Ohio 45207-4511 Rt : OCR Docket #15-12-2018 Dear Mr. Graham : On November 15, 2011, the U.S. Depar m ent of Education (the Departm ent), Office for Civil Rights (OCR), received the above· referenced complaint filed against Xavier University (the University) , alleging tha t the Univers ity disc riminated agains t a student (the Student ) on the basis of sex. Speci:ically, the complaint alleges that the University failed to respond appropriat ely when tht Student rep orted that she was sexuall assaulted and then stalked by a male student durir g the (b)(6),(b)(7)(C) school year and (b)(6),{b)(7) !{b)(6),(b)(7)(C) In additio n, the comp laint alleges t at t e Omve rs1ty, as a practice, does not follo, , its own written procedures or the procedural requiremen ts of Title IX in addres sing a legations of sexual harassment or sexual assault. ! OCR is responsible for enforcing Title l >Cof the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and its implerr enting regulation, 34 C.F.R. Part 106. Title IX prohibits discrimination on the basis of i ex in education programs and activities that receive Federal financ ial assistance frorr the Department. As a recipient of such financial ass istance , the Univers ity is subject to tl-e requirements of Title IX. The Department of Education'smissionis to promote student achievement and preparationfor global competitiveness byfostering educational,xcellenceand ensuring equal access. ·vww.ed.gov Page 2 - Mr. Michael J. Graham Because OCR has determined that it ha :jurisdiction and is waiving our timeliness requiremen t for filing based on good ca 1se shown, it is opening this complaint for investigation . Based on the complaint , llegations, we will investigate the following issue s: • whether the University failed to promptly and appropriately respond to alleged sexual harassment , resulting in student, on the basis of sex, being excluded from participation in, being denied the : benefits of, or being subjected to discrimination in Unive rsity education progra ms or activities in violation of the Title IX impl ementing regulation at 34 C.F.R. § 106.31; and • whether the University's Title D: practices, policies , and procedures for investigating sexual harassment :omplaints fail to provide for the prompt and equitable resolution of student cnmplaints under Title IX in violat ion of the Title IX implementing regulation at Ji C.F.R. § 106.8(b). Please note that opening an allegation fr r investigation in no way implies that OCR has made a determination with regard to its nerit. During the investigation , OCR is a neutral fact-finder , collecting and analyzing relc vant evidence from the complainant, the recipient , and other sources as appropri ate. OCR will ensure that its investigation is legally sufficient and is dispositive of th ~allegations in accordance with the provisions of Article III of OCR's Case Processing Manual. For your reference, the document enclornd entitled "OCR Complaint Processing Procedures" includes information about • OCR's complaint evaluation and resolution procedures, including the availability of Ear ly ( '.omplaint Resolution (ECR); • regulatory prohibitior s against retaliation, intimidation and harassment of persons who file cc mplaints with OCR or participate in an OCR investigation ; and • the application of the Preedom of Information Act and the Privacy Act to OCR investigation! . Additional information about the laws OCR enforces is available on our website at: http://www.cd.gov /ocr. We intend to conduct a prompt investiga tion of this complaint. The Title IX regulation, at 34 C.F.R. § 106.71, incorporates by reference the procedural requirements of the regulation implementing Title VI of the 1:ivil Rights Act of 1964, at 34 C.F.R. § I 00.6 , which requires that a recipient ofFedera financial assistance make available to OCR information that may be pertinent to reaching a compliance determination. In addition , in accordance with the regulation implemeuting the Family Educational Rights and Privacy Page 3 - Mr. Michael J. Graham Act (F.ERPA),20 U.S.C. § 1232g, at 3L C.F.R. § 99.31(a)(3)(iii), and the T itle VI regulation at 34 C.F.R. § l00.6(c), OCI:. may review personally identifiable records without regard to considerations of pri, acy or confidentiality. Accordingly , we are requesting that you forward the following information to us within fifteen calendar days of the date stamped at the top of this letter. Wherever possible , please provide the requeste d information on a CD (and bates-labeled if you have that capability); otherwise please provide th~ information via hard copy: 1. the name and title of the employee responsible for coordinating the University's compli ance with Title IX and documentation of where this employee's cont1ct information is published; 2. copies of all Univers ty policies and procedures regarding sex discrimination, seXlli1 harassment, and sexual assault, including, but not limited to, grieva nce procedures, disciplinary policies, investigative procednes , and campus police policies and procedures; 3. a copy of the Univer~:ty' s student conduct code and any other document(s) that con~ain the Unive rsity' s policies and procedures regar ding student dis; ipline; 4. the names and titles c,f all University employees who are responsible for investigating con: plaints of sexual harassment and sexual assault made by students; 5. a copy of any docum mts or records that discuss or relate to a complaint of sexual zssault, sexual harassment , harassment, and stalking filed with the: Unive rsity includin!! com laints filed with or on her behalf, University police) by the Student (b)(5 ),(b)( 7 ) mplaint. In addition to the information request ed above, OCR may need to request other documentation and we may also need to interview persons at the University. If we determine that an on -site visit is necessary, we will contact you to schedule a mutually convenient time for the visit. Page 5 - Mr. Michael J. Graham Please note that this complaint may be cppropriate for Early Complaint Resolution (ECR), a voluntary process similar to medjation during which an OCR staff person facilitates communication between the J,arties in an attempt to resolve complaint allegations. lf we believe that this comJ ,taint is appropriate for ECR, we will contact you to discuss this option. Upon receipt of this letter, please notify OCR of the name , address, and telephone number of the person who will serve as .he University 's contact person during OCR 's investigation. When contacting this office about the above-referenced complaint, please refer to OCR Docket# 15-12-2018. If) ou have any questions , please contact Mr. Vincent Cheverine , one of the atton1eys assigned to investigate this complaint, by telephone at (216) 522-2676 or by e-ma·l at Vincent.Cheverine@ed.gov. Si11cerely, Karla K. Ussery Teun Leader Enclosure UNITEDSTATESDEFARTMENTOF EDUCATION OFFICE F )R CNIL RIGHTS 600SUPERJOf AVE. EASl; SUITE 750 REGJONXV MJODGAN OHIO CLEVELA~ , OH 44114-2611 FEBO7 2012 Kristen M. Myers, Esq. Beckman Weil Shepardson LLC The American Book Building 300 Pike Street, Suite 400 Cincinnati, Ohio 45202-4244 Re: OCR Docket #15-12-2048, # 15-11-2117,and ~15-12-2018 Dear Ms. Myer~: On January 25, 2012, the U.S. Departmen: of Education (the Department), Office for Civil Rights (OCR), received the above-n ferenced complaint filed against Xavier University (the University), alleging that the University discriminated against a student (Student A) on the basis of sex. Specifically, the complaint alleges that the University failed to respond appropriately when the tudent reported that she was sexually assaulted ,(b)(7) !academic year, did not follow and then stalked by a male student during the!~~,(6) through with the sanctions it imposed on t :1emale student for his conduct code violation, and did not take reasonable steps to preve:1tand eliminate sexual harassment of which it was on notice, thus allowing a sexually he stile envirorunent against women to continue at the University. In addition, the complaint alleges that the University, as a practice, does not follow its own written procedures or the procedural requirements of Title IX in addressing allegations of sexual harassme.1tor sexual assault. This complaint has been assigned OCR Docket #15-12-2048. OCR is already investigating two complai:its, de~ignated as OCR Docket #15-11-21I 7 and OCR Docket #15-12-2018. The alleg1tions of the instant complaint are substantially similar to the allegations raised in those cc•mplaints. OCR has therefore determined that it would be more appropriate to investigat ! the allegations in all three complaints as a single complaint. Accordingly, OCR is cb sing OCR Docket## 15-11-2117 and 15-12-2018 as of the date of this letter anc will investigate the allegations of all three The Department of EduaJtion 's mission is to promote st 1dent achievement and preparation for global competitiveness by fostering educationalex, ellenceand ensuring equal access. wv w .ed.gov Page 2 - Kristen M. Myers, Esq. complaints under a single docket number. 15-12-2048. The merged complaint alleges that the University has failed to promptly and appropriately respond to alleged sexual harassment, thus allowing a sexuaJJyhost;Je environment against female students to continue at the University, and that the U.1iversitydoes not have Title IX grievance procedures. OCR is responsible for enforcing Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and its impleme1ting regulation, 34 C.F.R. Part 106. Title IX prohibits discrimination on the basis of sex in education programs and activities that receive Federal financial assistance from h e Department. As a recipient of such financial assistance, the University is subject to the requirements of Title IX. Based on the allegations of the merged ccmplaint, we are investigating the following issues: • whether the University fails to prcmptly and appropriately respond to alleged sexual harassment, resulting in students, on the basis of sex, being excluded from participation in, being denied the 1,enefitsof, or being subjected to discrimination in University education programs )r activities in violation of the Title IX implementing regulation at 34 C.F .R. § 106.31; and • whether the University has adopte:i and published grievance procedures providing for the prompt and equitable resol 1tionof student complaints of discrimination on the basis of sex as required by the Title IX implementing regulation at 34 C.F .R. § 106.8(b). Please note that opening an allegation for investigation in no way implies that OCR has made a determination with regard to its merit. During the investigation, OCR is a neutral fact-finder, collecting and analyzing relev::tntevidence from the complainant, the recipient, and other sources as appropriatt . 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 ProcessingMa w al. The Title IX regulation, at 34 C.F.R. § 10 5.71, incorporates by reference the procedural requirements of the regulation implement ng Title VI of the Civil Rights Act of 1964, at 34 C.F.R. § I 00.6, which require that a re ;ipient of Federal financial assistance make available to OCR information that may be pertinent to reaching a compliance determination. In addition, in accordance with the regulation implementing the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, at 34 C.F.R. § 99.31(a)(3)(iii), and the Title VI regulat on at 34 C.F.R. § 100.6(c),OCR may review personally identifiable records without regard to considerations of privacy or confidentiality. Accordingly, we are requesting that you f >rward the following information to us within fifteen calendar days of the date stamped it the top of this letter. Wherever possible, please provide the requested information on a CD (and bates-labeled if you have that Page 3 - Kristen M. Myers, Esq. capability); otherwise please provide the nformation via hard copy. Please provide only those documents that the University has I ot previously produced ro OCR. The documents the University previously submitted to OCR in response lo OCR Docket ## 15-11-2117and 15-12-2018 will be reviewed and included in OCR's files for the merged complaint. 1. a copy of any documents cr records from!~~~~% ho the present that discuss or relate to violations or ccmplaints of alleged violations of Universityimposed sanctions resulting from complaints of sexual assault, sexual harassment,harassment, and stalking, including, but not limited to, correspondence,e-mails, nemoran da, meeting minutes, notes, videos or voice recordings, student r =cords, investigative files and reports, police reports, interview memos, transcripts, hearing transcripts or notes, discipline records, and an} other documents or records that discuss or relate to violations or alleged violations of sanctions, and any action the University took to address such allegations and violations; 2. a copy of any documents er records that discuss or relate to a complaint or report of sexual assault, se rnal harassment, harassment, and stalking filed with the lJniversit inducing complaints filed with University police) by or on her behalf, including, but not limited to, Student A (b)(6),(b)(?)(C) correspondence,e-mails, n 1emoranda,meeting minutes, notes, videos or voice recordings, student r !Cords,investigative files and reports, police reports, interview memos, :ranscripts, hearing transcripts or notes, discipline records, and any other documents or records that discuss or relate to the complaint, the University's investigation of the complaint, the disposition of that complai1t, and any action the University took, including interim and disciplinary measures, to address the complaint; 3. the name and title of each individual, including University police, administrators, and members of any adjudicative body or hearing committee, involved in inv~stigating or otherwise addressing the complaint(s) referenced in lf.2 above. To the extent that any of these individuals are not University employees, please also provide phone numbers, addresses, and e-11ailaddresses for these individuals; 4. a list of any meetings or telephone calls held with Student A to discuss her sexual assault, sexuaJ hara~sment, harassment, or stalking allegations; for each such meeting, please provide: a. the date the meetinf, or call occurred; b. the purpose of the neeting or call; c. the names and titles of the individuals participating in the meeting or call; and Page 4 - Kristen M. Myers, Esq. d. 5. any documentatior related to the meeting or call, including e-mails, notes, memoranda, meeting minutes, correspondence, phone logs, or other related documents; and any additional informatior that the University believes will assist OCR in investigating this complai11t. In addition to the information requested above, OCR may need to request other documentation, and we may also need to interview persons at the University. If we determine that an on-site visit is necessar ,, we will contact you to schedule a mutually convenient time for the visit. If you have any questions, please contact Mr. Vincent Chevcrine, one of the attorneys assigned to investigate this complaint, by telephone at (216) 522-2676 or by e-mail at Vincent.Cheverine@ed.gov. Sineerelv. (b)(6),(b)(7)(C) Kar.a K. Ussery Tea:n Leader Enclosure: OCR Complaint Processing Procedures UNITEDSTATES DEIARTMENT OF EDUCATION OFFICEF:>RCIV1LR1GHTS REGION XV MlOiJGAN OHJO 600SUPERIOI: AVE.EAST,SUITE750 CLI:.\IELPND, OH 44114-2611 FEBO7 2012 (b)(6),{b)(7)(C) R e: OCR Docket #1 5-12-2018 and # 15-12-2048 This letter concerns the complaint you fikd on November 15, 201 1, with the U.S. Departm ent of Education, Office for Civi _Rights (OCR) , against Xavier University (the University) . This complaint was identifiEd in OCR's acknowledgement letter to you as OCR Docket #15-12 -20 18. In your comi laint, you allege that the University failed to respond appropriately whe n (b)(6),(b)(7)(C) re orted that she was sexually assaulted and ,{b)(7)(C) then stalked b a male student unng e school year and !(b)(6) 7 5 In additio n, t ie complaint alleges that the University , as a (b)( ).(b)( ) processe d under OCR docket # 15-12-204 8. Please refer to that docket nwnber in any further contacts with our office, as we are closing out OCR docket # 15-12-2018 effective the date of this letter. TheDepartmentof Education'smission is to promote 51:udent achievementand preparationfor global comp etitiveness by fostering eduC11tional e, cellenceand enswing equal access. w \'W.ed.gov Page 2 - !(b)(6),(b)(7)(C) If you have any questions, please contact Mr. Vincent Cheverine , one of the attorneys assigned to investigate this complaint , by telephone at (216) 522-2676 or by e-mail at Vincent. Cheverine@ed.gov. Sine erely, r X6),(bX7XC) Kar.a K. Ussery Team Leader