UNITEDSTATESDEPARTMENT
OF EDUCATION
OFFICE FOR Cl VIL RIGHTS
1999 BRYAN ST., SU ITE 1620
DALLAS,TX 75201·68 10

REGION VI
ARKANSAS
LOUISIANA
MISS1SSll'Pl

TEXAS

March 18, 2015
Reference: 06-15 -2023
(b )(6),(b )(7)(A) ,(b )(7)(C)

Dear

(b)(6),(b)(7)(A),(b)(7)

C

The U.S. Department of Education (Department) , Office for Civil Rights (OCR) , Dallas Office ,
has completed its evaluation of the above -referenced complaint, which was received by OCR on
Nove mber 3, 2014 and filed against Texas A&M University (TAMU) , College Station , Texas.
Your comp laint alleges that T AMU discrim inated against you on the basis of your sex (male), in
violation of Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681 et seq.,
and its implementing regulation at 34 C.F.R. Part 106, which prohibit discrimination on the basis
of sex, as well as your nat ional origin (American) , in violation of Title VI of the Civil Rights Act
of l 964 (Title Vl) , 42 U.S.C. §§ 2000d et seq., and its implementing reg ulation at 34 C.F.R. Part
I 00, which prohibit discrimination on the basis of race, color, or national origin.
Based on a careful review of your comp laint, a telephone conversation with you on December 3,
20 14, and your January 5, 2015 response to OCR ' s December 18, 20 14 letter requesting
additional information , it appears you are raising the following allegations :
l.

TAMU ·subjected you to discrimina tion based on your sex (ma le) durini TAMU 's
5J,(){/)(A),(b)({)
invest igation into allegations of sexual harassment against you during !?~l<
l <b )( 6),(b )(7)<

2.

I

TAMU subjected you to discrimination based on your national origin (American) during
TAMU 's investigation into allegat ions of sexua l harassment against you during the
!semester;

1~~~~%~?<7)(A)
,
".) .

4.

r 6),(bX7J(A)
,(bX7XC)

In

5
(b)( ),(b)(?)(A),(b)(?)(C)

7 )'""
you were notified that your ~(b_l<_5l_.<b_l<_7_l<A"!"'),_<b.,)(""'
(C""'
) ------~
-(b- )(,.6 )-,(b...)(-7)...
(A...
),-(b""'
)(7"""
)<""'
c)----..;;....__.,.
You believe this is because the (b)(6) ,(b)(7)(A),(b)(7)(C)
found out about the sex ual assau lt charges against you.

The Departm ent of Ed ucalion 's mission is to promote student achie veme nt and preparation for globa l com pe liliv Pness
• by f osteri11g edu cational excf!!kmcrnmd c•nsuring equalciccess.
www .cd.gov

l

 Page 2 _

(b) (6) ,(b )(7 )(A) ,(b) (7 )(C )

OCR is responsible for determining whether organizations that receive or benefit from Federa l
financial assistance from the Department , or an agency that has delegated investigative authority
to the Department, are in compliance with Title IX , which prohibits discr imination on the basis
of sex as well as Title VI, which prohibits discrimination on the basis of race , color or national
origin . OCR determined that TAMU is a recipi ent of federa l financial assistance from the
Department. Therefore , OCR has jurisdictional authority to process this complaint for resolution
under Title IX and Title VI.
After reviewing your written comp laint and responses you provided to OCR ' s Decemb er 18,
2014 letter request ing additional information , this agency has determined that it wi ll take the
following actions regarding each of your allegations .
With resp ect to allegation # l (sex discrimination) , OCR will open the following 1ssue for
investigation:

l.

Whether TAMU subjected you to discrimination based on your sex (ma le) dur ing
TAMU ' s investigation into allegat ions of sexua l harassmen t against you during the
semester , in violation of 34 C.F.R. § 106.31.

~~lmc
~r7)(A)
,

Regarding allegation #2 (national origin discrimination) , OCR will open the following issue for
investigation:
2.

Wheth er T AMU subj ected you to discrimination based on your national ongm
(American) during TAMU's investigation into allegat ions of sexua l harassm ent against
, semester , in vio lation of 34 C.F .R. § l 00.3.
you during the l~~~m@({)(A)

!

With resoect to alleization #3 l(b )(6 ),(b )(7 )(A) ,(b )(7 )(C)
(b )(6 ),(b )(7 )(A),(b )(7 )(C )

(b )(6 ),(b )(7 )(A),(b )(7 )(C)

I OCR is dismissing this allegation.
vcK ·s ca se p rocessm gp roceaures state mat th1s aoenc
b
y must have sub'ect matter J·urisdic tion
ov er an allega tion before an investigation can be conducted.
Your claim that you wer e
!does not fall under any law enforced by
discriminated agains t based on !(b )(6 ),(b )(7 )(A),(b )(7 )(C)
OCR. Th erefore , OCR is dismissing a llegation #3 and will take no further action regardin g that
cla im.

(b )(6 ),(b )(7 )(A) ,(b )(7 )(C)

<r<
6.<~<~

OCR is dismissing this claim because it
Regarding allegation #4 (discrimination by 5
fails to state a violati on of any of the laws ucK enrorces. You clarified that you were told the
(b )(6 ),(b )(7 )(A) ,(b )(7 )(C)

(b )(6 ),(b )(7 )(A),(b )(7 )(C)

 Pa"e 3 _
0

(b) (6) ,(b) (7) (A) ,{b) (7) (C)

(b )(6) ,{b )(7)(A) ,{b )(7) (C)

6
{b)( ),(b)

was not taken on any basis that is protected under the laws enforced by OCR. Thus, OCR
1s 1sm1ssing allegation #4 and will take no further action regarding this claim.

In your January 5, 2015 response document , you included for the first time an additional claim of
race discrimination based on the same set of facts that su ort our claim of national orioin
discrimination. (b) (6) ,(b) (7) (A),{b) (7) (C)
{b )(6) ,(b )(7)(A) ,(b )(7) (C)

The information you provided in support of allegation #5 is
already being incorporated by OCR in its investigation of allegation #2. Therefore, OCR is
dismissing allegation #5 and will take no further action regarding this claim.

(b)(6) ,(b )(7)(A) ,(b) (7) (C)

Because OCR has determined that it has jurisdiction and that the complaint was filed timely , it is
opening allegations # l and #2 above for investigation. Please note that opening the allegations
for investigation in no way implies that OCR has made a determination with regard to their
merits. 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 legally sufficient and is dispositive of the allegations, in accordance with
the provisions of Article Ill of the Case Processing Manual.
Please note that OCR's case resolution processes include Early Complaint Resolution (ECR).
ECR allows the parties (the complainant and the institution that is the subject of the complaint)
an oppmtunity to resolve the complaint allegations quick ly; generally, soon after the complaint
has been opened for inves tigation although ECR may take place at any time during the
investi gat ive process. If both patties are willing to try this approach, and if OCR determines that
ECR is appropriate, OCR will facilitate settlement discussions between the parties and work with
the parties to help them understand the legal standards and poss ible remedies. Please let me
know if you are interested in the ECR process.
Under OCR procedures , we are obligated to advise you that intimidation or retaliation against a
complainant is prohibited by regula tions 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 OCR or because an individual has made a
complaint , testified , assisted or participated in any manner in an investigation , proceeding or
hearing held in con~ection with a complaint.
Under the Freedom of Information Act , it may be necessary to release this document and other
related correspondence and records upon request. In the event we receive 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 privacy.

 Page 4

-J (b)(6),(b)(7)(A),(b)(7)(C)

If you have any questions , please feel free to contact the attorney-investigator , Richard Cho, by
telephone at (214) 661-9631 or by e-mail at: Richard.Cho @Ed.Gov. You may also contact me
by telephone at (214) 661-9608 or by e-mail at: Paul.Coxe@Ed.Gov.

M

Supervisory Attorney/Team Leader
Office for Civil Rights
Dallas Office

 UNITED STATES DEPARTMENT OF EDUCATION
OFFICE FOR CIVIL RIGHTS

REGlON VI
ARKANSAS
LOUISIANA
MISSISSIPPI
TEXAS

1999 BRYAN ST., SUITE 1620
DALLAS, TX 75201-681()

March 18, 2015
Reference: 06-15-2023
Dr. Mark A. Hussey, Interim President
Texas A&M University
1246 TA MU
College Station , Texas 77843-1246
Dear Dr. Hussey:
On November 3, 2014, the U.S. Department of Education (Department), Office for Civil Rights
(OCR) , Dallas Office , received the above-referenced complaint against Texas A&M University
(T AMU) , College Station, Texas. The complaint alleges that TAMU discriminated against the
complainant on the basis of his sex (male), in violation of Title IX of the Education Amendments
of 1972 (Title IX) , 20 U.S.C. §§ 1681 et seq., and its implementing regulation at 34 C.F.R. Part
106, which prohibit discrimination on the basis ofsex , as well as his national origin (American),
in violation of Title VI of the Civi l Rights Act of I 964 {Title VI), 42 U .S.C. §§ 2000d et seq.,
and its implementing regulation at 34 C.F.R. Part 100, which prohibit discrimination on the basis
of race, co lor, or national origin .
OCR has detennined that it will open the following issues for investigation:
1.

Whether TAMU subjected the comp lainant to discrimination based on his sex (male)
during TAMU ' s investigation into allegations of sexual harassment against him during
the!~~g~/
·,~!({)(A)
, semester, in violation of 34 C.F.R. § 106.31.

I

2.

Whether T AMU subjected the complainant to discrimination based on his national origin
(American) during TAMU's investigation into allegations of sexua l harassment against
him during the!}~~m
<~t)(AJ, semester, in violation of 34 C.F.R . § 100.3.

I

OCR is responsible for dete1mining whether organizations that receive or benefit from Federal
financia l assistance from the Department , or an agency that has delegated investigative authority
to the Depa11ment, are in compliance with Title IX, which prohibits discrimination on the basis
of sex as well as Title VI, which prohibits discrimination on the basis of race, color or national
ongm. OCR determined that T AMU is a recipient of federal financial assistance from the
Department. Therefore , OCR has jurisdictional authority to process this complaint for resolution
under Title IX and Title VI.

The Di>partm ent of £du c;1Uon:,. mission is to pmm ote stud ent achivvem ent and prepamtion for global comp etitiv enMs
by fostering ecfurn lional e:<cel/ e11ce and ensur ing ei.1ual access.
www.cd.gov

 Page 2 - Dr. Mark A. Hussey, Interim President

Because OCR has determined that it has jurisdiction and that the complaint was filed timely, it is
opening these allegations for investigation.
Please note that opening the allegations for
investigation in no way implies that OCR has made a determination with regard to their merits.
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 legally sufficient and is dispositive of the allegations , in accordance with the
provisions of Article III of the Case Processing Manual.
For your information , we have enclosed OCR 's Complaint Processing Procedures to provide
you with an overview of our complaint evaluation and resolution process. Please note that OCR
can resolve complaint allegations before completing an investigation in two ways: the Early
Complaint Resolution (ECR) process and voluntary resolution agreements.
ECR allows the parties (the complainant and the institution that is the subject of the complaint)
an opportunity to resolve the complaint allegations quickly; generally , soon after the complaint
has been opened for investigation, although ECR may take place at any time during the
investigative process. If both pa11ies are willing to try this approach, and if OCR determines that
ECR is appropriate , OCR will facilitate settlement discussions between the parties and work with
the parties to help them understand the legal standards and possible remedies.
Complaints may also be resolved before the conclusion of an investigation if the institution that
is the subject of the complaint (recipient) expresses an interest in resolving the complaint. This
process is voluntary and must be requested by the recipient. The Office Director or designee
must determine that it is appropriate to resolve the complaint during the course of an
investigation. 1f the voluntary resolution process has been determined appropriate, OCR will
immediately notify the complainant of the recipient ' s interest in resolving the complaint and will
keep the complainant infonned throughout all stages of this resolution process. The resolution
agreement is negotiated between OCR and the recipient. The provisions of the resolution
agreement will be aligned with the complaint allegations or the information obtained during the
investigation, and will be consistent with applicable regulations, and a copy of the signed
resolutiori agreement will be included with the resolution letter. OCR will then monitor the
implementation of the resolution agreement.
You will be contacted in the near future, usually within ten days from the date of this letter, to
discuss this case. Please let me know if you are interested in resolving the complaint prior to the
conclusion of the investigation , either through the ECR process or by entering into a voluntary
resolution agreement.
For your information, copies of the relevant regulations are available upon request. OCR intends
to conduct a prompt investigation of this complaint. The regulation implementing Title VI of the
Civil Rights Act of 1964, at 34 C.F.R. § 100.6(b) and (c), requires that a recipient of Federal
financial assistance make available to OCR information that may be pertinent to reach a
compliance determination. Pursuant to 34 C.F.R. § I00.6(c) and 34 C.F.R. § 99.3l(a)(3)(iii) of
the regulation implementing 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.
·

 Page 3 - Dr. Mark A. Hussey, Interim President

To facilitate the resolution process , OCR is requesting information relevant to the investigation
and resolution of this complaint. Attached , you will find a Data Request. We request that the
specified data be provided to our Office within fifteen (15) days of the date <>fthis letter
(April 2, 2015). In the event that additional time is needed to compile the necessary
information, please feel free to contact me to request an extension.
After receiving and reviewing the requested information, it might be necessary for OCR to
request additional information through supplemental data requests , interviews with personnel
and , if necessary, an onsite visit. If an onsite visit is deemed necessary , you will be contacted to
schedule a mutually convenient time for the visit. Please notify OCR of the name, office
address , and office telephone number of the person who will serve as TAMU's contact person
during the resolution of this complaint.
Under OCR procedures , we are obligated to advise the institution against which a complaint has
been 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 OCR or because an individual 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, it may be necessary to release this document and other
related correspondence and records upon request. In the event we receive 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 privacy.
If you have any questions, please feel free to contact me by telephone at (214) 661-9631 or by
e-mail at: Richard.Cho @Ed.Gov.
Sincerely,

Richard J. Cho , Attorney
Office for Civil Rights
Dallas Office
Attachment

 DATA REQUEST
Texas A&M University (T AMU)
OCR Reference: 06-15-2023
To facilitate the resolution of the above-referenced complaint, it is requested that T AMU provide
OCR with the following information and/or documentation within fifteen (15) calendar days of the
date of the attached letter, or April 2, 2015, unless TAMU is interested in participating in OCR's
ECR process. The complainant is identified as!(b)(6),(b)(7)(A)
,(b)(7)(C)

I

*Although not required, it would be helpful if the data response was numbered in the lower righthand corner (e.g., 00 I , 002) to ensure staff from OCR and T AMU are looking at the same page
during any future discussions about this data response.

1.

Please provide the name, job title, office telephone numb er, and office e-mail address of
the employee who will serve as TAMU's contact person throughout the processing of this
complaint;

Allegation# l: Sex Discrimination
2.
-,

Please provide a copy of all T AMU policies related to sexual harassment and documents
regarding hearings related to allegations of sexual harassment;

.

Please provide the name and job title of the individual who investigated an allegation of
, ~emester ;
sexua l hara~sment against the complainant during the !~~~~%~?({)(A)

4.

Please provide the names and job titles for the individuals who served on the hearing
anel to consider the allegation of sexual harassment aga inst the complainant during the
(b)(6),(b)(?)(A), semester

.)

'

5.

Please provide a copy of T AMU's investigation into an allegation of sexual harassment
semester. In responding to this data
against the complainant during the
req uest, please provide a copy of any written complaint filed , notes /summary documents
written by the investigator , notice of hearing , hearing panel findings, and notice of
disciplinary action;

6.

Please provide a summar of the number of sexual harassment complaints received by
TAMU during the (b)(6),(b)(?) schoo l year , broken down by the sex and national origin of
the accused student. For example , "During the
!school year , TAMU received
I 00 complaints of sexual harassment , broken down as follows: "

l~~g~!~~!(f)(A)
,I

l~~E~>;~~>2,

Category of accused student
Sexual harassm ent complaints against males
Sexual harassment complaints against females
Sexual haras sme nt complaints afa!;ainstAmerican-born students
Sexual harassment complaints against Foreign-born students

Number of comolaints
70
30
80
20

 Page 2 - Dr. Mark A. Hussey, Interim President

In responding to data request #6, lease rovide a breakdown of sexual harassment compla ints
rece ived by T AMU during the (~)(~),~)(?)(A) , chool year aoainst foreign-born individuals by their
country of birth (if known ). For examp e, ·'Dur ing the (b)(6),(b)(?)(A), school year, TAMU received
20 complaints of sexual harassment against foreign-born individuals , broken down as follows: "

County of birth for foreign-born accused students
France
Germany
Honduras
Japan
7.

8.

Number of complaints
5
5
5
5

For each complaint of sexual harassment listed in response to data request #4 above ,
lease identify the general type of discip line issued (if any). For exam ple, "During the
(b)(6),(b)(?)(A), school year, TAMU received l 00 complaints of sexual harassment.
The
punishment issued is broken down as follows:"

Student
category

Complai nt
withdrawn

Unable to
substantiate
allegations

Male
accused
Female
accused
American born
acc used
Foreignborn
acc used

20

Allegations
verified,
accused
student
expelled
15

Other

Total

20

Allegations
verified,
accused
student
suspended
15

0

70

10

10

5

5

0

30

25

40

5

10

0

80

5

5

5

5

0

20

If desired , a written response to the allegation that T AMU subjected the comp lainant to
discrimina tion based on his sex (male) durinf T AMU ' s investiga tion into allegations of
, semester. A written response is
sexua l haras smen t again st him during the !~~~U,~{(()(A)
not required ;

!

9.

If des ired, a written respons e to the allegation that TAMU subjec ted the complainant to
discrimination based on his national origin (American) durin TAMU ' s investigation into
allegations of sexual harassment against him during the
emester. A written
respons e is not required;

~~lm
c~t)(A)
,

10.

 Page 3 - Dr. Mark A. Hussey, Interim President

11.

(b )(6),(b )(7)(A),(b )(7)(C)

Miscellaneous
12.

Please identify all individuals T AMU believes can provide relevant information for the
issues under investigation. For each identified individual, please provide their name , job
title, and a brief summary of their area of knowledge. For example , "Jane Smith, Title IX
Coordinator , can summarize the steps she took to investigate the allegations of sexual
c~t)(A), semester ;"
harassment against the complainant during thel~~l~~l

I

13.

Any other documents or information TAMU believes will help resolve this complaint.