UNITEDSTATES DEPARTMENT OF EDUCAT ION REGION VI OFFICEFORCIVrLRIGHTS ARKANSAS l.OUlS\I\.Nt\ MISSISSIPPI 1999 BRYAN ST., SUITE 1620 DALLAS , TX 75201-6810 TEXAS April 21, 2014 Ref: 06142076 (b )(6),(b )(7)(A),(b )(7)(C) Dear (b)(6),(b)(7)(A),(b) On February 4, 2014, the U.S. Department of Education (Department), Office for Civil Rights (OCR), received a complaint against the University of Texas-Pan American, Edinburg , Texas (the University). In the complaint, it is alleged that the University discriminated against you (hereinafter "Student") on the basis of sex (female) by failing to promptly and equitably respond to your complaint that you were sexually assaulted. OCR enforces Title IX of the Education Amendments of 1972 (Title IX) , 20 U.S.C. § 1681, and its implementing regulation, 34 C.F .R. Part I 06, which prohibit discrimination on the basis of sex in any education program or activity operated by a recipient of Federal financial assistance. Title IX also prohibits retaliation. As a recipient of Federal financial assistance from the Department, the University is subject to Title IX and its implementing regulation. Additional information about the laws OCR enforces is available on our website at http://www .ed.gov/ocr. Because OCR has determined that it has jurisdiction and that the complaint was filed timely, it is opening the following issues for investigation: 1. Whether the University provided prompt and equitable responses to complaints, reports, and/or incidents of sexual harassment or sexual violence, of which it had notice (knew about or should have known about), as required by the Title IX implementing regulation at 34 C.F.R. §§ 106.8 and 106.31. a. Whether the University complied with the requirements of the Title IX implementing regulation , at 34 C.F.R. § 106.9, regarding notice of nondiscrimination. b. Whether the University complied with the requirements of the Title IX implementing regulation , at 34 C.F.R. §§ 106.8 and 106.9(a), regarding the designation and notice of Title IX coordinator. The Departme11tof Educatio11 s mission is topromote stude11tachievemerirand preparation for global competitiveness by fostering educational e:< ce/Jence and e11surmg equal access. www. ed.gov Page2 - ,(b)(6),(b)(7)(A),(b)(7)(C) 2. Whether any failure by the University to provide a prompt and equitable response allowed the Student, or other students, to be subjected to a sexually hostile environment that denied or limited the Student or students' ability to participate in or benefit from the University's programs, in violation of the Titl e IX implementing regulation at 34 C.F .R. §§ l 06.8 and l 06.31. 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 relevant evidence from the complainant, the recipient, and other sources, as appropriate. OCR will ensure that its investigation is lega lly sufficient and is dispositive of the allegations, in accordance with the provisions of Article III of the Case Processing Manual. Under OCR procedures, we are obliged to inform you and the institution against which a complaint is filed, that intimidation or retaliation against a complainant is prohibited by regulations enforced by this agency. Specifically, the regulations enforced by OCR, directly or by reference, state that no recipient or other person shall intimidate , threaten, coerce or discriminate against any individual for the purpose of interfering with any right or privilege secured by regulations enforced by this agency because one has made a complaint, testified , assisted or participated in any manner in an investigation, proceeding, or hearing held in connection with a complaint. Under the Freedom of Information Act, 5 U.S.C. § 552, it may be necessary to relea se this document and related correspondence and records upon request. In the event that OCR receives such a request, we will seek to protect, to the extent provided by law, personally identifiable information, which, if released, could reasonably be, expected to constitute an unwarranted invasion of personal privacy. If you hav e any questions regarding this letter, please contact Sakina Vidacak, Attorney (214) 661-9628 orme, Paul Coxe (214) 661-9600. 2tr Supervisory Attorney/Team Leader Office for Civil Rights Dallas Office UNITEDSTATESDEPARTMENTOF EDUCATION REGION VJ ARKANSAS LOUlSIANA MIS.5ISSIPPI TEXAS OFFICE FOR CIVIL RIGHTS 1999 BRYANST., SUITE 1620 DALLAS,TX 75201-6810 April 21, 2014 Ref: 06142076 Dr. Robert S. Nelsen , President The Unive rsity of Texas-Pan American 1201 West University Drive Edinburg, Texas 78539 Dear Dr. Nelsen: On February 4, 2014, the U.S. Department of Education (Department) , Office for Civil Rights (OCR), received a complaint against the University of Texas-Pan American , Edinburg , Texas (the University). In the complaint, it is alleged that the University discriminated against a student (Student) on the basis of sex (female) by failing to promptly and equitably respond to her complaint that she was sexually assaulted. OCR enforces Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. § 1681, and its implem enting regulation, 34 C.F.R. Part l 06, which prohibit discrimination on the basis of sex in any education program or activity operated by a recipient of Federal financial assistance. Title TXalso prohibits retaliation. As a recipient of Federal financial assistance from the Department , the University is subject to Title IX and its implementing regulation. Additional information about the laws OCR enforces is available on our website at http:// 'vVvVw .ed.gov/ocr. Because OCR has determined that it has jurisdiction and that the complaint was filed timely, it is opening the following issues for investigation: 1. Whether the University provided prompt and equitable responses to complaints , reports , and/or incidents of sexual harassment or sexual violence, of which it had notice (knew about or should have known about), as required by the Title IX implementing regulation at 34 C.F.R. §§ I 06.8 and 106.31. a. Whether the University complied with the requirements of the Title IX implementing regulation , at 34 C.F.R. § 106.9, regarding notice of nondiscrimination. b. Whether the University complied with the requirem ents of the Title IX implementing regulation, at 34 C.F.R. §§ 106.8 and 106.9(a), regarding the designation and notice of Title IX coordinator. The D@parlmei1t of Educalio11'smission is to promote student achievement and preparation for global competitiveness by f ostering educational exce!kmce and e11suri11g equal access. www.ed.gov Page 2 - Dr. Robert S. Nelson 2. Whether any failure by the University to provide a prompt and equitable response allowed the Student , or other students, to be subjected to a sexually hostile environment that denied or limited the Student or students' ability to participate in or benefit from the University ' s programs, in violation of the Title IX implementing regulation at 34 C.F.R. §§ 106.8 and I 06.31. 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 relevant evidence from the complaina nt, 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 the Case Processing 1\1anual. Section 100.6(c) of Title 34 of the Code of Federal Regulations stipulates that each recipient of Federal financial assistance shall permit access to pertinent sources of informat ion to responsible Department officials or designees. Pursuant to 34 C.F.R. § 100.6(c) and 34 C.F.R. § 99.3l(a)(3)(iii) , of the regulation implementing the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, OCR may review personally identifiable records without regard to considerat ions of privacy or confidentiality. Below is an initial data request , which is required in assisting our efforts to ascertain compliance with the regulations enforced by OCR. Please provide the requested information to OCR within 15 calendar days of the date of this letter. This request may be supplemented through interviews with University personnel or any witnesses who may have knowledge of the issue, and if necessary, additional data requests for the University as the complaint investigation progresses. After reviewing this infonnation or any additional information , OCR will determine whether an on-site investigation is warranted. If so, you will be contacted to arrange a mutually convenient date. Under OCR procedures, we are obliged to infonn the complainant and the institution against which a complaint is filed , that intimidation or retaliation against a complainant is prohibited by regulations enforced by this agency. Specifically, the regulations enforced by OCR , directly or by reference, state that no recipient or other person shall intimidate, threaten , coerce or discriminate against any individual for the purpose of interfering with any right or privilege secured by regulations enforced by this agency because one has made a comp laint , testified , assisted or participated in any manner in an investigation, proceeding , or hearing held in connection with a complaint. Under the Freedom ofinformation Act , 5 U.S.C. § 552, it may be necessary to release this document and related correspondence and records upon request. In the event that OCR receives such a request , we will seek to protect, to the exten t provided by law, personally identifiable informat ion, which , if released , could reasonably be, expec ted to constitute an unwarranted invasion of personal privacy. Please notify OCR of the name , address , and telephone number of the person who will serve as the University's contact person during the resolution of this complaint. We Page 3 - Dr. Robert S. Nelson would like to talk with this person as soon as possible regarding the information requested in this letter. In addition , OCR may need to request additional information and interview pertinent personnel. If an on-site visit is determined to be necessary , you will be contacted to schedule a mutually convenient time for the visit. If you have any questions regard ing this letter, please contact Sakina Vidacak, Attorney (214) 661-9628 or me, Paul Coxe (214) 661-9600. PaulE~ ~ Supervisory~Ley/Team Office for Civil Rights Dallas Office Leader Page 4 - Dr. Robert S. Nelson U.S. Department of Education Office for Civil Rights, Dallas Data Request The University of Texas- Pan American 06142076 Please provide the following information and documents for the academic years 2011-12, 2012 -2013 and 2013-2014. Please note that in this request, the term "correspondence" includes, but is not limited to, e-mail, meeting notes, interviews, notes of telephone conversations, and all related memoranda. In each instance where a policy is requested but a written policy on the matter at issue does not exist, provide instead an explanation of the University's usual practice. 1. A copy of the following Universit~~olicies , procedures, and documents that have been in effect at any time from!}~ ho the present. To the extent that these documents are available on the University's website, an appropriate link is sufficient. ~Jo/4~, a. Title IX policies and procedures regarding discrimination based on sex and, if different, policies regarding sexual harassment and sexual violence. b. Grievance procedures for complaints and other avenues for reporting alleged sex discrimination, and if different, sexual harassment and sexual violence. If the University has different procedures depending on whether complaints are against students, faculty or staff, provide all procedures. c. The Student , Staff and Faculty Codes of Conduct and any other document(s) that contain the University ' s policies and procedures regarding student, staff and faculty behavior and discipline , includin g procedures for determining whether the University will impose sanctions for sexual harassment and sexual violence. d. Student , staff and faculty handbooks. 2. For each grievance procedure or complaint process procedure offered to students and used by the University to address sexual harassment and sexual violence or other sex discrimination complaints , if not indicated in the policy or procedure , ident ify the name and title of each individual, including University police , administrators, staff and students that are responsible for accepting, inves tigating, deciding or otherwise resolving complaints. Identify any other offices or depa1tments with any responsibility for responding to reports of sexua l harassment and violence , and any other offices or departments to which students typically report such conduct. Page 5 - Dr. Robert S. Nelson 3. Copies of all anonymous sexual harassment and sexual violence reports and complaints submitted on-line through the University ' s website on the Broncs Care form. 4. A copy of any: a. internal or external assessments of the adequacy or effectiveness of the University's policies and procedures concerning sexua l harassment and sexual violence; and b. internal or external recommendations made to the University since~ changes to its policy and procedures for responding to or ~regarding investigating complaints of sexua l harassment and sexual violence. Please provide a narrative response as to whether the University made any changes to its policies and procedures in response to these reports and/or recommendations. 5. If the University has conducted any climate surveys or self-assessments , or otherwise collected data on or monitored sexual violence, provide a copy of the tool used, the results, any analysis of the results, and a description of any action the University took in response. 6. Identify the University ' s Title IX coordinator (or coordinators) for the years stated above , including the person ' s name and job title, and the dates each person held this position. 7. Describe how complaints of alleged sexual harassment and violence are communicated to the Title IX office. Which classifications of staff/emp loyees does the University consider mandatory reporters? How do mandatory reporters document and relay complaints of sexual harassment/violence to the Title IX office? 8. A copy of any memorandum of understanding between the University, the University police department and/or the Edinburg police department related to protoco ls that are followed regarding the handling of sexual violence complaints. Unless stated in the MOU, explain how the University handles criminal complaints and the effect of criminal complaints on the Title IX investigative process 9. Identify by name and title any University designated contact points for crimina l investigations of campus sexual violence. Describe the process for communications with the local prosecutor about the status of criminal investigations and decisions to proceed or decline prosecution. 10. Explain how the University's policies regarding sexual harassment and sexual violence are (or have been) distributed and publicized to University students, faculty and staff and any other means the University uses (or has used) to notify students, faculty and staff about how to file a complaint of sexual harassment and Page 6 - Dr. Robert S. Nelson sexual violence or other discrimination based on sex. Please include documentation or web links that support this response , including but not limited to brochures, distributed flyers, newspaper or web articles, and orientation materials. 11. Provide a detail ed description of training provided to University faculty and staff since (b)(5 ),(b)(7 ) covering the topics of sexual harassment and sexua l violence or other discrimination based on sex. Include the date(s) provided and the names, titles, and qualifications of the person(s) who provided the training(s); and lists of attendees and their positions. Provide copies of any material provided during the training including power point slides. 12. Provide a detailed description of training and information sessions for students (including freshmen orientation) since fall 2011. covering the topics of sexual harassment and sexual violence or other discrimination based on sex. Include the dates the training was provided and the names, titles, and qualifications of the person(s) who provided the training(s). Provide copies of any material provided during the training. 13. Provide a detailed description of training provided to individuals responsible for investigating complaints of sexual harassment and sexual violence and to members of any committees or boards that hear or decide complaints on sexual harassment and sexual violence, including bodies that decide sanctions. Include the date(s) provided and the names, titles, and qualifications of the person(s) who provided the training(s); and lists of attendees and their positions. Provide copies of any material provided during the training including power point slides. 14. Pro vide a spreadsheet of all student complaints or reports of (a) sexual harassment and sexua l violence or (b) retaliation or intimidation in relation to a complaint or repo1t of sexual harassment or sexual violence , that have been brought to the University ' s attention (formally or informally) for the time period indicated above. For each complaint identified, please provide the information below with the dates for each step of the process: a. The name, or unique identifier , and sex of the student who made the report or complaint. b. The name or unique identifier, sex and position (e.g., student, faculty , staff) of the individual against whom the complaint was filed. c. The date each complaint or report was made , the date the investigation (if any) was staited , the date the investigation was completed, the date any heai"ing was convened, date the final decision was issued, and a description and date of any other step in the process. d. The type of report or complaint filed, i.e., formal or informal. e. The allegation(s) made in the report or compla int including whether it alleged sexua l harassment, sexua l assault or sexual violence , and whether Page 7 - Dr. Robert S. Nelson the incident(s) described in the complaint occurred on or off campus. Tf off campus , indicate the location, whether the location was hosted or sponsored by the University and whether the location was owned or leased by the University. f. The title of the University office or name of University staff member where the report or complaint was filed (campus police , student services , academ ic dean, counselor, etc.). g. Indicate whether the complaint was investigated. If yes, provide the name and title of the University offic ial or staff member who investigated the complaint. If no, indica te why not. h. If the complaint was investigated, provide a copy of all investigative reports , findings or other documents that describe the outcome and resolution , including a description of all the remedies and sanctions resu lting from the decision. 1. Copies of all correspondence between the University and the complainant and respondent , informing them of the status of an informal or formal process , the results of any investigation , the outcome of any disciplinary proceeding , and if an appea l has been filed , the notification to either party of the opportunity to provide input on an appeal. J. Indicate whether a hearing was conducted in connection with the complaint. If a hearing was conducted, indicate which process was used and the names and titles of all persons who participated in the hearing and decision making; provide a copy of the hearing decision , report or other documents describing the hearing decision , including all documents describing the remedies and sanctions that resulted from the decision. k. Indicate whether an appea l was filed and by whom. If yes, provide a copy of the appeal procedure , identify the staff person responsible for deciding the appeal , and provide a copy of the appeal decision or outcome. 15. For the 2012-13 and 2013 -14 school year, please provide a list of students who have been subject to a no contact order (or the like). For each student , please provide the following information: a. b. c. d. student's name or unique identifier ; date of the no contact order; reason the no contact order was put in place; and whether the student made a complaint of discrimination or harassment prior to the no contact order being put in place. 16. Any other information the University believes would be helpful in reso lving this mat ter.