UNIT ED STATES DEPARTMENT OF EDUCATION
Or-FICE FO R CIVIL RIG HTS
61 FO RSYTH ST., SOUTH WEST, SU ITE '19T1ll
ATLA N TA , G A 3030:\-8927

REG ION IV
1\Li\13 1\ lvli\

FLOR ID1\
GEO RG I ,\

TENNF.SSEE

April 3, 2015
(b)(6),(b)(7)(C)

Re : Complaint #04- 15-2124
Dear

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

The U.S . Department of Education (Department), Office for Civil Rights, (OCR) received your
comp laint filed against the University of Tennessee at Chattanooga (University) on February 19,
2015 , alleging discrimination on the basis of sex and retaliation. Based on yow- March 27, 2015,
response to OCR's letter dated March 11, 2015, OCR determined that you are specifically
(....
b)"(6
"""
....
),"""(!
alleging that the University failed to address your complaint of sexual harassment against,..!
!(b)(6 l, a student at the University, who also threatened you with physical harm which created a
sexual ly hostile environment. You also alleged you were subjected to sexua l harassment during
meetings with !(b)(6),(b)(7)(C) I(Professor 1) and the Title IX Coordinator dming an investigat ion
!(Professor 2) when you were called deroga tory sexual
of a complaint against !(b)(6),(b)(7)(C)
names and told that no one would believe you. Finally, you alleged that your professors treated
you unfairly and gave you substandard grades in retaliation for filing a complaint of sexual
harassment and participating in the complaint investigation against Professor 2.
As a recipient of Federal financial assistance from the Department, the University is subject to
Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§1681 et seq, and its
implementing regulation, 34 C.F.R. Part 106, which prohibit discrimination and retaliation on the
basis of sex. According ly, OCR has jurisdiction to investigate this complaint. Additional
infonn ation about the laws OCR enforces is available on om 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 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
The Dep artm ent of Edu cation 's mi ssion is to prom ote student c1c
hi t:!vem (.'n t and pr ep arnti on for g lol ml comp l'lil h 'enc.,s
by fosterin g ed11cc1fion
c1/ excell ence and t:!n surin g equal ,1ccess.

w ww. ed.gov

 Page 2 I C o

1n

p I a i 11 I ff.0 4 - I 5 - '.2 I 2 4

investigation is legally sufficient and is dispositive of the allegations, in accordance with the
provisions of Article III of the Case ProcessingManual.
OCR will proceed with an investigation of the following legal issues:
1. Whether the University provided prompt and equitable response(s) to sexual
harassment[') complaints, reports and other incidents of which it had notice (knew about
or should have known about), in noncompliance with the Title IX implementing
regulation at 34 C.F.R. §§ 106.8, 106.31.
2. Whether the University's failure to provide a prompt and equ itable respons e allowed the
Complainant to be subjected to a sexually hostile environment (that denied or limited the
student's ability to participate in or benefit from the school's program), in noncompliance
with the Title lX implementing regulation at 34 C.F.R. §§ 106.8, 106.31.
3. Whether the University subjected the Complainant to retaliation for engag ing in protected
activities in noncompliance with the Title IX implementing regulation at 34 C.F.R .
106.71.
Under the Freedom of Information Act, it may be necessary to release this document and related
correspondence and records upon request. If OCR receives such a request, we will seek to
protect, to the extent provided by law, personal information that, if released, could constitute an
unwarranted invas ion of privacy.
The University has been informed that Title VI prohibits recipients from intimidatin g, coercing ,
threatening or discriminating against any individual for the purpose of interfering with any right
or privilege secured by the laws OCR enforces, or because one has made a complaint, or
participated in an investigation in connection with a complaint.
In keeping with OCR's commitment to resolve allegations of discrimination promptly and
appropriately, Ms. Lewis will communicate with you periodically regarding the status of your
complaint. Please refer to the docket number listed above in any contacts with this office.
If you have any questions, please contact Ms. Lewis, at (404) 974-9332, or me, at (404) 9749376.

ffe
Arthur Manigault ~
Compliance Team Leader
I ll Unless otherwise noted , the term "sexual harassment" also includes "sexual vio lence or sexual assault."

 UNITED STA TES DEPARTMENT OF EDUC/\ T IO
Off-I CE FOR CIVIL RIGHTS
61 FORSYTH ST., SOUTH\l\' EST,SUITE l9TI O
ATLA

'TA, Gt\ 30303-8927

ltE G IQ;\! I \'
,\LAH ..\ \1 ,\
fl.Ol{ ID1\
t,I Ol{C.I •\

11::-Sl\l '-"LI:

August 26, 20 15
Steven R. Angle, Ph.D.
Chancellor
University of Tennessee at Chattanooga
6 15 McCallie Avenue
Chattanooga, TN 37403
Re: Complaint #04-15-2414
Dear Dr. Angle:
On July 28, 2015, the U.S. Department of Education (DeJ)artmcnt, Office for Civil Rights
(OCR), received the above-referenced complaint filed by (b)(6),(b)(7)(C) (Complainant) against
the University of Tennessee-Chattanooga (University) alleging discrimination on the basis of
national origin and age. Specifically, the Complainant alleged that the University dismissed her
from the Masters in Science in Nursing - Nurse Anesthesia program (MSN Program) because of
her national origin (Indian) and age (41).
OCR is responsible for enforcing Title VI of the Civil Rights Act of 1964 (Title VI). 42 U.S.C. §
2000d et seq .. and its implementing regulation, 34 C.F.R. Part 100. Title VI prohibits
discrimination on the basis of race, color, or national origin by recipients of Federal financial
assistance. OCR also enforces the Age Discrimination Act of 1975 (Age Act), 42 U.S.C .
Sections 6101-6 107, and its implementing regulation, 34 C.F.R. Part 110. which prohibit
discrimination on the basis of age. As a recipient of'Federal financial assistance from the
Department, the District is subject to Title VI and the Age Act. Additional infonnation about the
laws OCR enforces is available on our website at http://www.ed.gov/m:r.
While OCR has the authority to investigate the conlplaint under the Age Act. the regulation
implementing the Age Act requires OCR to forward this complaint to the Federal Mediation and
Conciliation Service (FMCS) for mediation. A representative of the FMCS will contact you. The
Age /\.ct regulation allows FMCS 60 days lo mediate a complaint. During that period, both
pai1ies participate in the mediation process to the extent necessary to reach an agreement or to
make an informed jud gment that an agreement is not possible. All information obtained in the
course of mediation will be confidential lo the mediating parties. If 60 days have passed, but a
resolution is pending, OCR may grant f-MCS an extension of time to conclude the resolution. 11
:
on the other hand, the complaint is not resolved through FMCS within 60 days, OCR will resume
the investigation.
We work to resolve allegations of discrimination promptly and appropriately. If you have any
questions about this letter. please call Phil Weltner. Senior Attorney. at (404) 974-9402.
The Dep artm e11tof £d urn ti o11's mi ssio n is to prn m ote stu dent ,1chievemt'11t and 1>repar.1t io 11for glob.ii compL'litil ·e1k'S!l~1· f o.,;terin g edu c,,ti ona/ e., ccll encc ,wd e11:w ri11g eq11,1/
<1c
nw.-.

ww\ ,·.ed.gov

 Complaint #04-15-2414 Page 2

Sincere .

Andrea dc Vries
Compliance Team Leader