ES OF EDUCATION 'll m" i'r'tliir'i'i . l)r.1 cy Ilall ()lTlce ot'th President Snuthwe Tennessee Community College 5983 Maco Cave Memp euncssee 38m Re: OCR Dear Dr. llall: 0n Januar} 4' NHL the U.S. Department of [Education (Department). ()tTlee for Civil Rights (OCR). a complaint against the Soulhues ['enne LC Community College which alleged di rilninntion on the 's of and retaliation. OCR determined that it has the authority to im this allegation with OCR's complaint procedures and applicable law. Specifically. the Culnplainaut._ alleged tllat: ll The College l'niled to investigate or reader a prompt and equitable response to her complaint that a campus custodian sexually a 's'aulled her on campus b) touching her breast area on October 28. ZOIS. and 2) The College subjected the Complainant to retaliation because it only transferred the eniupus custodian to another campus instend ol'dlseiplitling hint. OCR responsible for enforcing 'l'itle lX el'the Education Amendments of I972 (Title IX). 20 168] el mp. and it lnpletnenting regulation 34 Pan loo. whicll prohib d' elimination on the basis ols' in any education program or activity operated by a recipient ot~ [inane a nee from Department. The College receiv from the Department and Ls therefore subject to Title IX and the regulation. Additional int'onnalion about the laws OCR enforce is available on our website at Illt Because OCR has determined that it has ju tion and that the complaint was filed it is opening this t'ttr invest ion. Please note that opening the complaint for investigation in no itnpli that OCR ha nattc a determination with regard to its ntcrit. Durn he lltvestl tiun. OCR a neutral tact-finder. collecting and elevant cviLl 'nee l'rom the complainantr the recipient. and other sourc appropriate. OCR will 'ure that its investi tion is legally sufficient and is dispositive ol'tlte allegation. ill accordance with the pro\' tuls oliArticle tll'lhe 'lIA't' I'rllt in}: Accordingly. OCR uill investigate the renewing legal issues: l. Whether the College and equitably responded to unl violence complaints. reports. rind/or other incidents of which the College had ueti by the Complainant and r/u- or I .ltn-runtrix pmmt'k- .it lut-t rnn'nl .lnt/ tn lush-ring it in It -r unit at gilt Page 2 [OCR Ref. 04-16-2077] other similarly situated students at the C9llege, in noncompliance with the Title IX implementing regulation at 34 C.F.R. §§ l 06.8 and l 06.31. 2. Whether the College'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 College's programs, in noncompliance with the Title IX implementing regulation at 34 C.F.R. §§ I 06.8 and l 06.31. 3. Whether the College, in response to the Complainant's sexual harassment complaint, transferred the custodian to another campus and instead of disciplining him, has subjected the Complainant to retaliation in noncompliance with the Title IX implementing regulation at 34 C.F.R. § 106.71. Please read the enclosed document titled OCR ·s ComplaintProcessing Procedures, which includes infonnation about the regulatory prohibitions against retaliation, intimidationand 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 implementingTitle VI, at 34 C.F.R. § l 00.6(b) and (c), requires that a recipient of FFA make available to OCR information that may be pertinent to reach a compliance detennination. 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 Privacy 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 information to OCR within fifteen ( 15) calendar days from the date of this letter: 1. The name. title, and daytime telephone number of the College's Title IX Coordinator(s). 2. All College policies addressing sexual harassment and violence against students and College employees. Please include an explanation of how the policies are publicized or disseminated to students and College employees. Please provide the name, title, and daytime telephone number of the person(s) responsible for implementing these policies. 3. All College grievance and complaint procedures available to students, College employees or third parties who wish to file a complaint of sexual harassment and/or sexual violence. Please include an explanation of how the procedures are publicized or disseminated and any written notices the College has generated about the procedures. Please provide the name, title, and daytime telephone number of the person(s) responsible for implementing these procedures. Page 3 [OCR Ref. 04- I 6-2077] 4. All College 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 College policies and procedures regarding investigating reports of sexual harassment and/or sexual violence. Please provide the name , title , and daytime telephone number of the person(s) responsible for investigating and resolving reports of sexual harassment and sexual violence. 6. All complaints of sexual harassment and sexual violence of which the College was made aware from January 2012 through the date of the College ' 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 College employees , the College ' s Equal Opportunity Office , the College's Office of Student Conduct , the College ' s Victim Advocate Program if a program exist , campus police, and any other person or entity acting on behalf of the College. 7. A list of all verbal reports of sexual harassment and sexual violence that were reported to the College that were not reduced to writing during the 2012-2013 , 2013-2014 , and 2014-2015 academic years. Please explain why no written record of the reports was created. Please ensure that the infonnation submitted for each report makes clear 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 College, the date of the incident , the identity of the subject of the harassment , and the identity of the alleged harasser. 8. All written investigative and other documents created in response to all written and verbal reports of sexual harassment and sexual violenc~ during the 2012-2013 , 20132014 , and 2014-2015 academic years. Please include the names of all individuals involved in the investigation of those reports, the findings for each of those reports, and any sanctions or actions taken. For each incident , if not reflected by the documentation , please include a summary of all steps taken in response to the report , including: l) witness interviews; 2) type of evidence reviewed; 3) evidentiary hearings , etc.; 4) a description of the underlying incident as detennined based on the College's investigation; 5) any discipline or other sanction that was imposed and the reasons why disciplinary actions were or were not taken; 6) what services or other remedies the College provided or offered to individual(s) subjected to sexual harassment or violence; and 7) proactive steps the College 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: 1) whether students were found to have violated a College policy and disciplined (and how) ; 2) whether the College found that the complainant and/or other students were sexually harassed/assaulted; 3) whether the College found that the complaint was part of a larger pattern of similar complaints; and 4) whether College concluded whether or not the complainant and/or other students were subjected to a sexually hostile environment. Page 4 [OCR Ref. 04-16-2077] 9. Documentation regarding the Complainant's complaint and/or grievance regarding the alleged October 2015 sexual assault by the Custodian on campus , including , but not limited to, investigative notes , recordings (audio and video) , minutes , evidence collected , witness testimony/statements , and findings , hearing notes if applicable , employment records of the custodian accused of the sexual assault, and copies of any employment actions taken against the Custodian for the alleged sexual assault. I 0. Documentation regarding the Student's appeal of the hearing findings , including , but not limited to , evidence presented , witness statements , notes and findings. 11. All updated Clery Act (FBI Crime) statistics on acts of sexual harassment and sexual violence committed at the College for the 2012-2013 , 2013-2014, and 2014-2015 academic years. 12. All education and training materials provided to College employees on the College ' s policies and procedures on sexual harassment and sexual violence , including their responsibility to report possible harassment , for the 2012-2013, 2013-2014 , and 20142015 academic years. Please include a list of training sessions given to College 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. 13. All education and training materials provided to College employees who investigate allegations of sexual harassment and sexual violence for the 2012-2013 , 2013-2014 , and 2014-2015 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. 14. All education and training materials provided to students , including , but not limited to, athletes, presidents/captains of student groups, and resident assistants on the College ' s policies and procedures on sexual harassment and sexual violence during the 20122013 , 2013-2014 , and 2014-2015 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. 15. Please describe all other measures taken by the College to address , curtail and prohibit sexual harassment and sexual violence , including all outreach and educational efforts. Please include information on any task force or group created by the College 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 Page 5 [OCR Ref. 04-16-2077] was created , the efforts made to date by the task force , and any documents , including , but not limited to, policies. findings and recommendations the task force produced. 16. Please describe and discuss all measures taken by the College to address the health and safety of alleged victims of sexual harassment and sexual violence , including all measures the College has taken regarding the Stud ent. 17. Please provide the College ' s policies and procedur es on imposing sanctions upon and/or taking corrective action against students and employees for committing acts of sexual harassment and sexual violence. 18. Please provide the College ' s procedures for referring criminal matters involving sexual violence to law enforcement authoriti es. Please identify the College employee(s) responsible for coordinating responses to incidents of sexual violence with College polic e, local police , and the local prosecutor. Please state whether there is a College Police Department that plays a role in handling sexual harassment and sexual violence complaints ; and describe the Police Department's role in handing those complaints. Please also provide and describe any memoranda of understanding between campus and local law enforcement or related protocols , written or unwritten. 19. Please explain the College ' s system for tracking and maintaining infom1ation on incidents of sexual harassment or sexual violence. Please include the name and title of the individual who maintains complaints , investigative materials , and findings regarding these incidents. 20. Please provide information regarding how the College has assessed the campus climate , conducted self-assessment, collected data , or monitored sexual harassment and sexual violence on campus. 21. Please provide all student and employee climate surveys the College conducted regarding incidents of sexual harassment and/or whether a hostile environment on the basis of sex exists on campus conducted during the 20I2-2013 , 20 I 3- 2014 , and 20142015 academic years. Pleas e provide the results of those surveys. 22. Any other information that the College deems relevant to the Complainant ' s allegations , which would lead to the resolution of this complaint. Pursuant to Section 302 of OCR ' s Case Processing Manual , a complaint may be resolved at any time when, before the conclusion of an investigation , the College expresses an interest in resolving the complaint. Please contact the assigned investigator/attorney if the College wishes to discuss a Section 302 voluntary resolution. Thank you for your cooperation in this matter. In addition to the information requested above , OCR may need to request additional information 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. Page 6 [OCR Ref. 04-16-2077] If you have any questions about this letter, please contact April England-Albright , General Attorney , at (404) 974-9408 , or by email at A.England-Albright @ed.gov , or me at (404) 9749354. Sincerely Jbv,April England-Albright , Esq. ' Compliance Team Leader Enclosure UNITED STATES DEPARTMENT OF EDUCATIO N REG ION IV OFFICE FOR CIVIL RIGH TS t\L ,\U ,\ .\ 1,\ 6 1 FORSYTH ST.,SOUTHW EST,SUITE 19TIO A T L A N T A , G A 30303-8927 FLOl.1/cm npd itil ·t•11c •s., by fos tering edu cational e.\cellcn ce and ens urin g c•qual ,1cccss. www .cd .gov OCR Complaint# 04-16-2077 Pg.2 2. Whether the College ' 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 College ' s programs, in noncompliance with the Title IX implementing regulation at 34 C.F.R. §§ 106.8 and 106.31. 3. Whether the College, in response to the Complainant's sexual harassment complaint , transferred the custodian to another campus and instead of disciplining him, has subjected the Complainant to retaliation in noncompliance with the Title IX implementing regulation at 34 C.F.R. § 106. 71. We resolve allegations of discrimination promptly and appropriately. Please refer to your OCR docket number noted above in any contacts with this office. If you have any questions about this let1er, please contact Pamela Simmons at (404) 974-9364 or me at (404) 974-9408. Sincerely , April England-Albright , Esq. Acting Compliance Team Leader