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 UNffED STATESDEFA.RTMENTOF EDUCATION OFFICEF ) R CIVILRIGHTS 600 SUPERIOF AVE. .EAST,SUITE 750 CLBVELA\JD, OH 44114-2611 REGIONXV MICHJGAN Olll O FEBO7 2012 (b)(6),(b)(7)(C) ___ Re: OCR Docket #15-11-2117 and # 15-12-2048 Dear .__ (b)(6),(b)(7)(C) __, This letter concerns the complaint you filed on July 27, 2011, with the U.S. Department of Education, Office for Civil Rights (QC l ), against Xavier University (the University). This complaint was identified in OCR ' s acknowledgement letter to you as OCR Docket #15-11-2117 . In your compla int, you alle se that the University failed to respond appropriately when ou re orted t w e repeatedly sexuall y haras sed by a male student during the (b)(5 ),(b)(7 l and (bl(5 ),(bl(7 l school years. In addition , your complaint alleges that the University does not have appropriate grievance procedures that inform complainan ts of the result of investigatio ns and that allow for complainants to appeal the results . OCR is investigating this same type of all•!ged sex discrimination in another complaint against the University filed by a different )arty, designated as OCR docket #15-12-2048, which alleges that the University has faile i to promptly and appropriately respond to alleged sexual harassment, thus allowing .. sexually hostile environment against female students to continu e at the University, and that the University does not have Title IX grievance procedures. Under our case precessing procedu res, we will merge your complaint allegation s with this other complaint , and your complaint allegations will be processed under OCR docket #15-12-204 ::. Please refer to that docket number in any further contacts with our office, as we are closing out OCR docket # 15- 11-2117 effective the date of this letter. The Depart::m ent of Education's mission is to promote st '1dent achievement and preparation for global competitiveness by fostering educational exrellence and enswing l'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 UNIT ED STATES DEPARTMENT OF EDUCATIO N OFFICE r0R CIVIL RIGHTS REGION XV MI CIII C J\N 0 1110 600 SUt'ERIOR AVE.I!AST,SUITE 750 CLEVELAND, 011 ,1-111+2611 FEBO7 2012 r X6),(b)(7XCJ Re: OCR Docket # 15- 12-2048 On Januar y 25 , 2012, the U.S. Department of Educat ion (the Depat1mcnt), Office for Civil Rights (OCR) , receiv ed the above-refe renced complaint you filed aga inst Xav ier University (the University) , alleg ing that the Unive rsity d isc rimin ated against yo u on the basis of sex. Spec ifica lly. yo ur comp laint alleges that the Unive rsity failed to respo nd appropria tely when you re orte d that you were sexua lly assau lted and then stalked by a m ale stude nt du ring the (b)( ,(b)(7)(C) cade mi c yea r, did not follow throu gh wi th the san ctions it impose d on the male stud ent for his co nduct co de vio lat ion, and did not take reasonable steps to prevent and elim inate sexua l ha rassment of which it was on not ice , thus allowing a se xually hos tile enviro nment against women to continue at the Un iversi ty. fn addition, you r co mpl aint alleges that the University, as a pra ctice, docs not foJlow its own written proced ures or the procedural req uirement s of Tit le IX in addr essing allegatio ns of sexua l harassme nt or sex ual assault. OCR is res pon sible for enforc ing Titl e IX of the Educati on Amendments of 1972 , 20 U .S.C. § 1681 et seq., and its implementing reg ulation , 34 C.F.R. Part I 06. Title IX prohibit s discrimination on the basis of sex in educat ion programs and activities operated by recipients of Federal financial assistance from the Depart ment. As a recipient o f such fin ancia l ass istance . the Unive rsity is subje ct to the requiremen ts of T itle IX. Becau se OC R has determined that it has juri sd ictio n and is waiving our timelin ess req uireme nt fo r filing base d on good cause show n, it is opening this co mpl aint for investigation. Your com plaint is being merged with two othe r complaints that raise simi lar allegations , and the se co mplaints w ill be processed und er the above- refe renced The Department of Education's mis.<: ion is to promote stude11t achievement and preparati on for global competitiv eness by fosteri11geducational excellence and ensuring equal access. www.eCl.flOV I)age 2 - l (b)(6),(b)(7)(Cl L....---------' docke t numb er. The merged co mpl aint alleges that the Unive rsity has failed to promptl y and appropriately res pond to alleged sex ual hara ssme nt. thu s allow ing a sexua lly hostile environment again st female student s to continue at the Unive rsity, and that the Univers ity docs not have T itle IX grieva nce procedure s . Based on the allega tions of the merged complaint, we will investigate the fo llowing iss ues: • whe ther the Un ivers ity fa ils to promptly and appropr iate ly respo nd to alleged sexua l ha rass ment , resu ltin g in stud ents, on the basis of sex, being excl uded from participation in, being deni ed the benefi ts of , or being su bject ed to discrimination in Un ivers ity educa tion programs o r ac tivities in vio lation of the Title [X imp lementin g regul ation at 34 C.F.R. § 106.3 1; and • whet her the University has adopted and published gr ievan ce procedures providing for the prompt and eq uitable reso lu tion of student co mplaint s o f discrimination on the basis of sex as requ ired by the Ti tle IX imple ment ing regu latio n at 34 C.F.R. § I 06 .8(b). P lease note that opening an allega tion for investigation in no way implies that OC R has made a determ ination with regard to its merit. During the invest igation , OCR is a neut ral fac t-find er, co llec ting and analyzi ng releva nt ev iden ce from the complainant , the rec ipient. and other so urces as appropriate. OC R will ensu re that its investigation is lega lly sufficient and is di spos itive of the allegat ions in accordance with the provisions of A rticl e JII of OCR 's Case Processing Manual. OC R wo rks to invest igate com plaint s promptly and appropr iately. We will com muni cate wit h yo u periodi ca lly durin g our inves tigati on. Wh en co ntac ting our office abo ut your co mp laint , plea se refe r to OCR Docke t # 15- 12-2048. lf°you have any questions , please con tact Mr. V incen t Cheverine, one of the atto rneys assigned to in ves tigate this com plaint , by telep hon e at (2 16) 522-2 676 or by e- mail at Vincent.Chcverine @e d.gov. Sincere ly, l(bX6) ,(b)(7~C) Kar la K. Ussery Team Leader