IT ED STATE S DEPARTMENT OF EDUCAT I ON OFF I CE FOR C IVIL RIGHT S, REGIO N I V 6 1 FO RSYTII ST . . SO IIT ll\\' ES T . SU ITE 19T I O ATLt\ NT 1\ , Cit\ JOJ OJ -S 92 7 10:c: 10:-. I\ Al ~II \M ·\ r LO RIOA GH>ltGI ·\ Tr:-" S\I I April 3. 2014 (b)(6), (b)(7)(C) Re: OCR Reference No. 04-14-23 10 Dear !~~,(6),(b)(7) !: On March 6, 2014, the U.S. Department o f Education (Departmen t), Office for Civil Right s (OCR), received your complaint against Florida State University (University), which alleged the Un iversity engaged in discrimination on the basis of sex. Specifically , yo u (Complainant) alleged that the Un ivers ity enga ged in discrimination on the basi s of sex when it failed to respond to notice of student on student sexua l vio lence in a prompt and equitable mann er, and to redres s the resulting hostile educational environment. OCR has determined that it has the authority to inves tigat e your allegation consistent with our complaint procedures and applicable law. O CR is respon sible for enforcing Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681 el seq .. and its implementing regulation , 34 C.F.R. Part I 06, which prohibit discrimination on the basis of sex in any educat ion program or activity operated by a recipient of Federal financial assistance (FF A) from the Departm ent. The University receives FF A from the Depa rtment and is therefor e subject to Title IX and the regulation. Addit ional information about the laws OCR enforces is available on our website at http: // wwv,,.ccl.uov/ocr. Because OCR has determined that it has jurisdiction and that the complaint was fil ed timel y. it is opening this complaint for investigation. Please note that opening the complaint for inves tigati o n in no way implies that OCR has made a detennination with regard to its merit. During the investigation , OCR is a neutral fact-finder , co llect ing and analyz ing relevant ev iden ce from the complainant , the rec ipient , and other sources, as appropriate. OCR will ensure that its investigation is legally sufficient and is dispo sitive of the allegation, in accordance w ith the provisions of Articl e III of the Case Processing Manual. Accordingly, OCR will investigate the follow ing legal issues: 1. Whether the Univer sity prompt ly and equ itably responded to sexual vio lence complaints. report s. and/or other incident s of which the University had notice by the Complainant and other similar ly situat ed stud ents at the Univer sity, in noncompliance with the Title IX implementing regu lat ion at 34 C.F. R. §§ I 06.8 and I 06.31. Page 2 (OCR No. 04-14-23 I 0) a. Whether the University failed to comply with the Title IX requirements regarding notice of nondiscrimination in noncompliance with the Title IX implementing regulation at 34 C.F.R. § 106.9. b. Whether the University failed to comply with the Title IX requirements regarding the designation and notice of a Title IX coordinator in noncompliance with the Title IX implementing regulation at 34 C.F.R. §§ I 06.8 and I 06.9. 2. Whether the University's alleged failure to provide prompt and equitable responses allowed the Complainant and other sjmilarly situated students to be subjected to a sexually hostile environment that denies or limits the ability of the Complainant or other similarly situated students to participate in or benefit from the University' s programs, in noncompliance with the Title IX implementing regulation at 34 C.F.R. §§ I 06.8 and I 06.31. Under the Freedom of Information Act, 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 extent provided by the law, personably identifiable information, which. if released, could reasonably be expected to constitute an unwarranted invasion of personal pnvacy. If you have any questions about this letter, please contact Stephanie Pessin. Attorney, at (404) 974 -9343 , or by email at Stephanie.Pessin@ed.gm\ or me at (404) 974-9354 . cc: The Depor 1111e111 of f.'tl ucutirm ·:; missio n is to /Jr o111 0111st11de111achiel'e111 e11/and prc•pw ·m io 11fo r globa l co111 1Jeti1h'cness byfo stering etluculional cxcellt'11ccanti ,ms11ri11g equal acn!s.1. ,,w w.e1!.gm· UN IT ED STATES D E PART:\ I E T OF E D UCA T I ON OFF I CF. FOR C I V I L RIGIIT S, R EG IO N I V 61 FO R SYT II ST .. SO U'I IIWl :ST. SII IT E 19TICI 1\ l' LAN l'A , (iA 30J03-8927 n,, \t ,., I LO RIO\ <,F.O IHd \ 1\ 1. ~, T F'\"< l ' ~SE I Apr il 3 , 2 014 Dr. Eric J. Barron President Florida State Unive rsit y 2 11 Westcott Build ing Ta llahassee, Florida 32306- 14 70 Re: O C R Referenc e No. 04- 14 -2310 Dear Dr. Barron: On March 6, 20 14, the U.S. Department of Education (Departmen t), Office for Civil Rights (OCR), rece ived a comp laint aga inst Florida State Unive rsit y (University). which alleged the Unive rsi y engaged in discrimination on the basis of sex. Specifically, the Comp la inant aCb)(6),! (b)(6 ),(b) alleged that the Univers ity engaged in discrimination on the basis of sex when it fai led to res pond to notice of student on studen t sex ual violence in a prompt and equ itabl e manner , and to redress the resulting hostile educationa l environment. OC R determined that it has the autho rity to investigat e this complaint consistent w ith OCR ·s complaint procedure s and applicab le law. OCR is responsibl e for enforc ing Title IX of the Education Amendments of 1972 (T itle lX ). 20 U.S.C. §§ 1681 et seq., and its implemen ting regulat ion, 34 C .F.R. Part 106, wh ich prohibit discr im inat ion on the basis of sex in any educa tion program or act ivity ope rated by a recipient of Federal financial ass istance (FFA) from the Department. The Univers ity receives f-FA from the Department and is the refore subject to Title IX and the regulat ion. Additiona l information about the laws OCR enfo rces is ava ilab le 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 openi ng this complai nt for inves tigat ion. Please note that ope ning the comp laint fo r investigation in no way implies that OCR has mad e a determination with regard to its merit. Dur ing the invest igat ion , OCR is a neutra l fact-find er, collecting and ana lyzing relevant evi dence from the compla inant , the rec ipient, and o ther so urces , as appropriate. OCR will ens ure that its inves tigat ion is legally sufficient and is dispositive of the allegation , in accordance with the provis ions of Articl e III of the Case Processing Manual. According ly. OCR will investigate the following legal issues: I. Whethe r the Univers ity promptly and equitabl y responded to sexual vio lence complaints , reports, and/or ot her incidents of which the University had notice by the Complainant and Page 2 [OCR Ref. 04-14-231 O] other similarly situated students at the University, in noncompliance with the Title IX implementing regulation at 34 C.F. R. §§ 106.8 and l 06.31. a. Whether the University failed to comply with the Title IX requirements regarding notice of nondiscrimination in noncompliance with the Title IX implementing regulation at 34 C.F.R. § I 06.9. b. Whether the University failed to comply with the Title IX requirements regarding the designation and notice of a Title IX coordinator in noncompliance with the Title IX implementing regulation at 34 C.F.R. §§ 106.8 and 106.9. 2. Whether the University's alleged failure to provide prompt and equitable responses allowed the Complainant and other similarly situated students to be subjected to a sexually hostile environment that denies or limits the ability of the Complainant or other similarly situated students to participate in or benefit from the University's programs. in noncompliance with the Title TXimplementing regulation at 34 C.F.R. §§ I06.8 and 106.31. Please read the enclosed document titled OCR ·s ComplaintProcessing Procedures,which includes information about the regulatory prohibitions against retaliation. intimidation and harassment of persons who file complaints with OCR or participate in an OCR investigation; and application of the Freedom of Information Act and the Privacy Act to OCR investigations. OCR will conduct a prompt investigation of this complaint. The regulation implementing Title VT, at 34 C.F.R. § I00.6(b) and (c), requires that a recipient of FFA make available to OCR information that may be pertinent to reach a compliance determination. This requirement is incorporated by reference in the Title IX regulation at 34 C.F.R. Section I06.71. Pursuant to 34 C.F.R. § l 00.6(c) and 34 C.F.R. § 99.31(a)(3)(iii), of the regulation implementing the Family Educational Rights and P1ivacy Act, 20 U.S.C. § 1232g, OCR may review personally identifiable records without regard to considerations of privacy or confidentiality. Accordingly, OCR requests that the College submit the following non-redacted infom1ationto OCR within fifteen ( 15) calendar days from the date of this letter': 1. The name, title, and daytime telephone number of the University"s Title lX Coordinator(s). 2. All University policies addressing sexual harassment and violence against students and University employees. Please include an explanation of how the policies are publicized or disseminated to students and University employees. Please provide the name, title, 1 For each individual data request, please also provide requested information for each of the University"s other campuses - Daytona 13cach,For! Pierce, Orlnndo, Pensacola, Sarasota - if the requested data pertaining to any or all of those locations is different from the responses applicable to the University's main Tallahassee campus. If the data the University provides OCR is applied system wide, please so state. The Dt!par1111 e11tof l:·d11cat ion ·.,· 111issio11 is to pr o11111t e st11de111 achien '11 w111and pr eparoti on /o r ~/ohal co111p clit in •m•ss byfos ta i11 g ecluca fimwl excelle11 ce and e11 s 11 ri11f!l'C/11al ocn·ss. 1 ,1 ,1·11 ·.c,/.g1J\' Page 3 [OCR Ref. 04-14 -23 10) and daytime telephone number of the person(s) respons ible for impl eme nting these policies. 3. All Universit y grievance and complaint procedures availab le to students, Univers ity employees or third parties who wish to file a complaint of sexual harassm ent and/or sexual violence. Please include an explanation of how the procedure s are publicized or dissem inated and any written noti ces the Universi ty has generated about the procedures. Pleas e provide the name. title. and daytime telephone number of the person(s) respo nsible for implem enting these procedur es. 4. A ll University policie s and proc edure s that relate to the obligation of faculty, staff and other employees to report poss ible sexual harassment or sexua l violence of wh ich the y are aware. 5. All Unive rsity policies and procedures regarding invest igat ing report s of sexual har ass ment and/or sexua l vio lence. Pl ease provide the name , title, and daytime telephone numb er of the perso n(s) responsible for investigating and resolving reports of sexual haras sment and sex ual violence. 6. All complaints of sexua l harassm ent and sexual violence of which the Un iversity was made aware from August l , 2011 , through the date of the University" s response to OC R. Pleas e include any co rresponding documents that were filed with those comp laints . T his request includes . but is not limited to, complaints or reports made to Univer sity employees. the Univers ity's Equal Opportunit y Office , the Univers ity's O ffice of Student Conduct the Univer sity· s Victim Advocate Program , campu s police , and any other per son or entity acting on beh alf of the University. 7. A Iist of all verba l reports of sex ual harass ment and sexual violence that were reported to the University that were not reduced to writing during the 2011 -2012, 2012-20 13, and 2013 -2014 academic yea rs. Please explain why no written record of the rep orts was created. Please ensure that the information submitted for each report makes clea r the identity of the per son who mad e the report. the facts relating to the incident reported as alleged by the victim , the facts relatin g to the incident as determined by the Unive rsity, the date of the incident , the identit y of the subject of the harassm ent, and the identity of the allege d haras ser. 8. All written inves tigative and other docum ents created in respo nse to all writte n and verbal report s of sexua l hara ssment and sexual vio lence during the 201 l- 20 12. 20 l 22013 , and 2013-2014 academic years. Please includ e the name s o f all individuals invo lved in the investigat ion of those reports , the findings for each or those reports. and any sanction s or actions taken . For eac h incident , if not reflect ed by the documentation , pleas e includ e a summary of all steps taken in res pon se to the report. including: I) wit nes s inter views; 2) type of evidence review ed ; 3) evidentiary hearings. etc.: 4) a description of the underlyin g incident as det ermin ed based on the Un iversity's invest igation ; 5) any disciplin e or other sanc tion that was impo sed and the reasons why disciplinar y actions we re or wer e not taken ; 6) w hat serv ices or other rem edies the The Oepar 1111 e11 1 o}Ed 11 ca11011's missio 11is 10 f)ro1110/estud,•111acl,ie1·e11w111 and prepamti on.fo r ~lohaf co111p etitil' ,•11ess hyfn. Wl!ri ng ed11catio11af exceffence mu/ ensuring equal CICCess. 1n1•1,·.cd.go1• Page 4 [OCR Ref. 04-14-231 O] University provided or offered to individual(s) subjected to sexual harassment or violence: and 7) proactive steps the University took to prevent recurrence of any incident that occurred. Provide all email and other correspondence relating to the investigations, including, but not limited to, all letters of resolution. Please indicate for each investigation: I) whether students were found to have violated a University pol icy and disciplined (and how); 2) whether the University found that the complainant and/or other students were sexually harassed/assaulted; 3) whether the University found that the complaint was part of a larger pattern of similar complaints; and 4) whether University concluded whether or not the complainant and/or other students were subjected to a sexually hostile environment. 9. /\ II updated Clery Act (FBI Crime) statistics on acts of sexual harassment and sexual violence committed at the University for the 20 11-20 12. 20 12-2013, and 20 13-2014 academic years. l 0. All education and training materials provided to University employees on the University's policies and procedures on sexual harassment and sexual violence, including their responsibility to report possible harassment, for the 201 1-20 12, 20 I220 13, and 2013- 2014 academic years. Please include a list of training sessions given to University employees on sexual harassment and sexual violence. Provide the name and qualifications of the individual(s) who provided the training sessions. the specific topics of the training sessions, the dates the training sessions were held, and a list of individuals who attended the training sessions. 11. All education and training materials provided to University employees who investigate allegations of sexual harassment and sexual violence for the 2011-20 12, 20 12-2013, and 2013- 20 14 academic years. Please include a list of training sessions given to these employees. Provide the name and qualifications of the individuals who provided the training sessions, the specific topics of the training sessions, the dates the training sessions were held, and a list of individuals who attended the training sessions. 12. All education and training materials provided to students, including, but not limited to, athletes, presidents/captains of student groups. and resident assistants on the University's policies and procedures on sexual harassment and sexual violence during the 20 11-2012, 2012- 20 13, and 20 13-2014 academic years. Please include a list of training sessions available to students on sexual harassment and sexual violence. Provide the name and qualifications of the individuals who provided the training sessions. the specific topics of the training sessions. the dates the training sessions were held, and a list of students who attended the training sessions. 13. Please describe all other measures taken by the University to address, curtail and prohibit sexual harassment and sexual violence, including all outreach and educational effo11s. Please include information on any task force or group created by the University to address these issues. and include the names and titles of all individuals involved in the task force, the specific issues the task force was created to address, the date the task force was created, the efforts made to date by the task force, and any documents. The Oepartm e111of Edu cmion ·s 111issi1111 is to promo te st11de111 achi e1'('111e11/ and fll"<'/JOl'llt ion /iJI· !,!lohal co 111p e1i1il·e11s1eri11.e, ed11cali o11olex,·(,/l