UNITED STATES DEPARTMENTOF EDUCATION OFFICE FOR CIVIL RIGHTS 61 FORSYTHST., SOUTHWEST,SUITE 19T10 ATLANTA, GA 30303-8927 REGION IV ALABAMA FLORIDA GEORGLA TENNESSEE December 13, 2013 Dr. James W. Wagner Office of the President Emory University 201 Dowman Drive Atlanta, Georgia 30322 Re: Complaint #04-14-6001 Dear Dr. Wagner: On December 6, 20 13, the U.S. Department of Education (Department), Office for Civil Rights (OCR), sent you a letter informing you that OCR has selected Emory University (University) for a compliance review. As stated in that letter, the compliance review will examine the University's handling of complaints of sexual harassment. including sexual violence, to determine if the University has responded immediately and appropriately, with particular emphasis on complaints of sexual violence. OCR is respo nsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. Section 1681 et seq., and its implementing regulation, 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in any education program or activity operated by a recipient of Federal financial assistance from the Department. The University receives funds from the Department and is therefore subject to Title IX and the regulation. OCR is now opening this compliance review. Please note that opening this compliance review in no way implies that OCR has made any conclusions as to whether a violation of Federal law exists. During the review, OCR is a neutral fact-finder, collecting and analyzing relevant evidence from the recipient and other sources, as appropriate. OCR will ensure that its review is legally sufficient and, in accordance with the provisions of Article Ill of the Case Processing Manual. OCR will investigate the following legal issue: Whether, in handling complaints of sexual harassment, including sexual violence. the University failed to respond promptly and appropriately, in noncompliance with the Title IX implementing regulation at 34 C.F.R. § I 06.31. OCR intends to conduct a prompt review of this issue. The regulation implementing Title VI at 34 C.F.R. § I00.6(b) and (c), requires that a recipient of Federal financial assistance make The Department of Education's mi ssion is to promote student achievement and preparation for g lobal competitiveness by fostering educational excellence and ensuring equal access. www.ed.gov Complaint #04-14-600 I available to OCR information that may be pertinent to reach a compliance determination. This requirement is incorporated by reference in the Section 504 regulation at 34 C.F.R. Section I 04.6 l. Under the Title II regulation at 28 C.F.R. at§ 35.171 (a)(3) , OCR uses its Section 504 procedures to investigate Title [I complaints. Pursuant to 34 C.F.R. § I 00.6(c) and 34 C.F.R. § 99.3 l(a)(3)(iii) , of the regulation implementing the Family Educational Rights and Privacy Act , 20 U.S.C. § 1232g, OCR may review personally identifiable records without regard to considerations of privacy or confidentiality. Accordingly , OCR is requesting that you forward an unredacted copy of the following information to us within thirty (30) calendar days from the date of this letter: I. The name, title , and daytime telephone number of the University ' s Title IX Coordinator. 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 , and daytime te lephone number of the person responsible for implementing thes e policies. 3. All University grievance and complaint procedures available to students , University employees or third parties who wish to file a complaint of sexual harassment or sexual violence. Please include an explanation of how the procedures are publicized or disseminated and any written notices about the procedures. Please provide the name , title , and daytime telephone number of the person responsible for implementing these procedures. 4. All University policies and procedures that relate to the obligation of faculty , staff and other employees to report possible sexual harassment or sexual violence of which they are aware. 5. All University procedures for investigating reports of sexual harassment or sexual violence. Please provide the name , title, and daytime telephone number of the person responsible for investigating and resolving reports of sexual harassment and sexual violence. 6. All complaints of sexual harassment and sexual violence that the University was informed of from Janua1y I, 2010 through the date of the University ' s response to OCR. Please include any corresponding documents that were filed with those complaints. This request includes but is not limited to complaints or reports made to University employees , the University ' s Equal Opportunity Office , the University ' s Office of Student Conduct , campus police , and any other person or entity acting on behalf of the University. 7. A list of all verbal reports of sexual harassment and sexual violence that were reported to the University that were not reduced to writing during the years of 2010 , 2011 , 2012 , Compla int #04- 14-6001 2013. and 2014. Plea se explain why no written reco rd of the rep orts was created. Please ensure that the information submitted for each report makes c lear the identity of the person who made the report , the facts relating to the incident reported as alleged by the victim. the facts relating to the incident as determined by the Universit y. the date of the incident, the identity of the subject of the harassment , and the identity of the alleged harasse r. 8. All wr itten investigative and other documents created in respon se to all writt en and verba l reports of sexua l harassment and sexua l violence durin g the years of 20 I 0, 2011, 2012, 20 13. and 20 I 4. Please include the names of all individuals involved in the investigation of those reports , the find ing for each of those reports, and any sa nction s or actions taken. For each incident , if not reflected by the documentation, please include a summ ary of all steps taken in response to the report, inc ludin g witness interviews, do cum ent review , evidentiary hearings , etc; a description o f the underly ing incident as determined based on the Universit y's investigatio n; any disc iplin e or other sanction that was imposed and the reasons why disciplinary actions were or were not taken ; what services or other remedie s the Univ ersity provided or offered to individual(s) subjected to sex ual hara ssment or vio lence; and, proactive steps the Universi ty took to prevent recur rence of any incident that occur red. Provide all emails and correspondence relating to the investigations, including but not limited to all Ienc rs of resolution. In each case where the Unive rsity did not conduct an investigat ion, prov ide a narrative explaining why the University did not investigate the report. 9 . A ll updated C lery Act (FB I Crim e) statistics on acts of sexua l harassmen t and sex ual vio lence comm itted at the Univers ity for the years of 2013 and 20 14. 10. All ed ucation and training material s prov ided to University employees on the University's po licies and procedures on sexua l harassment and sex ual vio lence , including their responsibility to report possib le harassment , for the years of 2010, 2011 , 2012 , 20 13, and 20 14. Please include a list of trainin g sess ions given to University employees on sex ual harassme nt and sexua l vio lence. Provide the name and qualifications of the individuals who prov ided the training sessions , the specific topic s of the trainin g sess ion s, the dates the tra ining sessio ns were held , and a list of individuals who attended the training sessions. 11. All education and training materi als provided to Univers ity employees who investigate allegat ions of sex ual hara ssment and sexua l vio lence for the years of 20 I 0, 20 l l , 20 12. 20 13, and 20 14. Please include a list of training sessions given to these emp loyees. Pro vide the nam e and qualifications of the individuals who provided the training sess ions . the specific topics of the training sess ions. the dates the training sessions were held. and a list of individuals who attended the training sess ions. 12. All educa tion and training materials provided to stud ents on the University's policie s and procedures on sexual haras sme nt and sexual violence during the yea rs of 20 l 0, 20 11, 20 12, 2013, and 20 14. Pleas e includ e a list of training sessio ns given to studen ts on sex ual hara ssment and sexua l violence. Provide the name and qua lifications of the Complaint #04-14-6001 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 and prohibit sexual harassment and sexual violence, including all outreach and educational efforts. Please include information on any task force 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 , and the efforts mad e to date by the task force. 14. Please describe and discuss all measures taken by the University to address the health and safety of victims of sexual harassment and sexual violence. 15. Please provide the University's policies and procedures on imposing sanctions upon and/or taking corrective action against students and employees for committing acts of sexual harassment and sexual violence. 16. Please provide or explain the University's procedures for referring criminal matters involving sexual violence to law enforcement authorities. Please identify the University employee responsible for coordinating responses to incidents of sexual violence with University and local police. Please state whether there is a University Police Departmen t that plays a role in handling sexual harassment and sexual violence complaints , and describe the Police Department 's involvement. 17. Please explain the University's system for tracking and maintaining information on incidents of sexual harassment or sexual violence. Please include the name and title of the person who maintains complaints , investigative materials , and findings regarding these incid ents. 18. Please explain how the University coordinates its Title IX enforcement with respect to sexual violence and sexual harassment. 19. Please provide all student and employee surveys regarding incidents of sexual harassment and/or whether a hostile environment on the basis of sex ex ists on campus conducted during 2010 , 2011 , 2012 , 2013, and 2014. Please provide the results of those surveys. 20. Please provide the names of all student groups at the University. Please include the mission of each organization , the name of the faculty-staff advisor , and the President of each of the student groups. Thank you for your cooperation in this matter. In addition to the information requested above , OCR ma y need to request additional infonnation and interview pertinent personnel. During the course of this investigation , we will conduct one or more on-site visits. You will be contacted to schedule a mutually convenient time for those visits. Complaint #04-14-600 I Please notify OCR of the name. address, and daytime telephone number of the person who will serve as the University's contact person during this investigation. We would like to talk with this person as soon as possible regarding the information requested in this letter. The individuals at OCR who have been assigned to conduct this investigation are Ms. Laura Mitchell, Attorney, and Ms. Jammie Randolph. Senior Investigator. If you have any questions or concerns, please do not hesitate to contact Ms. Mitchell at (404) 974-9456, Ms. Randolph at (404) 974-9399. or me at (404) 974-9398. Sincerely, 1chel le Vaughan Acting Compliance Team Leader UNITED STATES DEPARTMENT O F EDUCATION OFFICE FOR CIVIL RIGHTS DEC O6 2013 Dr. James W. Wagner Office of the President Emory University 20 I Dowman Drive Atlanta , Georgia 30322 (In reply, please refe r to case numb er 04-14-6001.) Dear Preside nt Wagner: The Office for Civi l Rights (OCR) of the U.S. Department of Educatio n (Departm ent) is respon sible for enforcing Federa l c ivil rights laws that prohibit discrimination on the bases of race , color , national origin , sex, disability and age by edu cational institutions that receive Federal financial assistance. OCR is respo nsible for invest igating individuaJ complaints of discrimination and is also required to conduct periodic proactive compliance rev iews of recipi ent practices to determine whether they co mply with the laws that OCR enforces. Compliance reviews are des igned to address syste mic issues and ensure that violati ons are readi ly identi fied and promptly eliminated. Compliance rev iew sites are selec ted based on various sources of informat ion, includi ng stat istical data and infonnation from parents, advocacy group s, the media, and community organizations . I w rite to advise you that OCR has selected Emory University (University) for a compliance review under Title IX of the Educatio n Amendments of 1972 (Title IX), 20 U.S .C. Section 1681 et ~-, and its implementing regulation, 34 C.F.R . Part I 06, which prohibit discr imination on the basis of sex in any education program or activity operated by a recipie nt of Federa l financ ial assistance from the Department. The University receives funds from the Department and is therefo re subject to Title IX and the regulation. This compl iance review wi ll examine the University's handling of compl a ints of sexual harassm ent, including sexual violence, to deter mine if the University has responded imm ed iately and appropriate ly, with particu lar emphas is on com plaints of sexua l assau lt. It shou ld be emp hasized that at this time OCR has reached no conc lusions as to w hether a violation of any Federa l law ex ists. U.S. Secretary of Educatio n Arne Duncan is comm itted to ensuring that all students are afforded equa l educational opportunities. We be lieve the infonnation and any results from this com pliance review will have a direc t and pos itive impact on students at the Un ivers ity. We look forward to workin g with you in this review. OCR 's Atlanta enforceme nt office will conduct this comp liance review. Dr. Cynthia G. Pierre , OCR·s Director in Atla nta, will co ntact official s at the University within a week of the dat e of this lette r to make ar rangements for the next steps in the compl iance review process, inc ludin g requesting access to data and personnel. -lOOMARYLANDAVE. S.W., WASHINGTON, DC20202-ll00 www.ed.gov The Departm,mt of Education 's mission is to promote student achievement aJ1dpreparntion for glob,1/ competiti1 ·ene5.-; by foster ing educatinna/ excdlence and ensuring equal ,iccess. Page 2 - Dr. James W. Wagner , President Should you have any questions or concerns, please do not hesitate to contact me at (202) 453-5900. If your staff has any questions regard ing the investigatio n, please do not hes itate to contact Or. Pierre at (404) 974-9406. Thank you for all you have done- and continue to do - to improve our nation's universitie s. Sincerely, Cather ine E. Lhamon Assistant Secretary for Civil Rights cc: Dr. Cynthia G. Pierre , Director Office for Civil Rights-Atlanta