UNITED STATES DEPARTMENT OF EDUCATION OFFICt FOR ClVTL RIGHT(; 32 Ol D ~UP. 26 111 fl OOR NEW YORK. Nl·W YORK IOOOS rll\lOT"' C. J. BLANC'HARD DIRECTOR NE\\ YORK OFFICE August 24,201 I Diane L. Rosenfeld Harvard Law School Austin Hall 215 1563 Massachusetts Ave. Cambridge, Massachusetts 02138 Re: Case No. 02-11-2167 Princeton University Dear Ms. Rosenfeld: On !(b)S6 ),(b)( ?)(C) I,the U.S. Department of Education, New York Office for Civil Rights (OCR) received the above-referenced complaint you filed against Princeton University. You alleged that the University discriminated against your client (the Student) on the basis of her sex, by .taJ.IJ.D 1!:...l.c..J: ~2£l.C!WLPPr opriately to the complaint of sexual assault the Student made on or about ._ __, (Allegation 1). Additionally , you alleged that the University discriminates on the basis of sex, by failing to adopt and publish grievance procedures that provide for the prompt and equitable resolution of student complaints of sex discrimination/harassment, including sexual assault (Allegation 2). Based on information you provided in your complaint , OCR has determined that it will investigate Allegation 1. However, OCR has determined that it will not investigate Allegation 2 for the reason set forth below. _____ With respect to Allegation 2, OCR has determined that this allegation is currently being addressed in the investigation of another complaint filed with OCR (Case No. 02-11-2025). Accordingly, OCR will take no further action regarding Allegation 2 in connection with the instant complaint, Case No. 02-11-2167. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 U.S.C. § 1681 et seq., and its implementing regulation at 34 C.F.R. Part 106, which prohibit discriminati on on the basis of sex in programs and activities receiving financial assistance from the U.S. Department of Education (the Department). The University is a recipient of financial assistance from the Department. Therefore , OCR has jurisdictional authority to investigate this complaint under Title TX. Because OCR has determined that it has jurisdiction and that the complaint was filed in a timely manner, it is opening Allegation 1 for investigation. Please note that opening the allegation for investigation in no way implies that OCR has made a determination with regard to the merits. During the investigation, OCR is a neutral fact-finder, collecting and analyzing relevant evidence The Departmenlof Education'smission is topromote student achievementand preparationfor global competitivenessby fostering educationalexcellenceand ensuringequal access. Page 2 of 2 - Diane L. Rosenfeld from the complainant, the recipient, and other sources, as appropriate. OCR will ensure that its investigation is legally sufficient and is dispositive of the alJegation, in accordance with the provisions of Article TITof OCR's Case ProcessingManual. OCR' s goal is the prompt and appropriate resolution of the allegations contained in a complain t. OCR offers, when appropria te, an Ear ly Complaint Resolution (ECR) process , similar to mediation, to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to reso lve the allegation(s) . Some information about the ECR process is contained in the publication entitled, "OCR Complaint Processing Procedures" , which was enclosed with OCR ' s previous letter to you acknowledging your comp laint. This information is also on OCR's website at http://www2.ed.gov /about/offices/list/ocr /docs/ ocrcpm.html#ll. Also, when appropriate , a complaint may be resolved before the conclusion of an investigation after the recipient expresses an interest to OCR to resolve the complaint. In such cases, OCR obtains a resolution agreement signed by the recipient. This agreement must be aligned with the complaint allegations or the information obtained during the investigation , and it must be consistent with applicable regulations . Additional information about this voluntary resolution process may be found in the publication "OCR Complaint Processing Procedures ", which was enclosed with OCR ' s previous letter to you, acknowledging your complaint. This information is also on OCR's website at http://www2.ed.gov /about/officcs/list/ocr /doc s/ocrcpm.html#III. It is unlawful to harass or intimidate an individual who has filed a comp laint or participated in actions to secure protected rights . If this should occur, you may file a separate complaint with OCR alleging such harassment or intimidation. Under the Freedom of lnformation Act, 5 U.S.C. § 552, it may be necessary to release this letter and related correspondence and records upon request. In the event that OCR receives such a request, it will seek to protect , to the extent provided by law, personally identifiab le information that if released, could constitute an unwarranted invasion of personal privacy. OCR staff will communicate with you periodically regarding the status of your comp laint. If you are interested in resolving your complaint through OCR's ECR process or have any questions , please contact Stacy L. Bobbitt, Compliance Team Investigator , at (646) 428-3823 or stacy.bobbitt(a2ed.gov : Jocelyn Frank, Compliance Team Attorney, at (646) 428 -3796 or jocelyn.frank(alcd.go\ ; or David Hensel , Compliance Team Attorney , at (646) 428-3778 or david.henscl(@ed.gov . Sincerely , ~~lladja lk_eu,J-- All~n Gill Compliance Team Leader UNITED STATES DEP ARTMENT OF' ED UCATION OFF ICE FOR C[V!L RI G HTS 32 OLD Sl IP 26P 1 FLOOR ~I W YORK 1000, Nl W 'l'OR"- l'l\1 0 111\ ( . .J. 81.A N CIIARI> DIRl ·C"IOR NEW YORK OFFICE August 24, 2011 Shirley M. Tilghman President Princeton University I Nassau Hall Princeton, New Jersey 08544 Re: Case No. 02-11-2167 Princeton University Dear President Tilghman: !, On !(b}(6},(b}(? )(C) the U.S. Department of Education, New York Office for Civil Rights (OCR) received the above -referenced comp laint filed against Princeton University . The complainant alleged that the Univers ity discriminated against the Student on the basis of her sex, bY.failin o respond appropriately to the complaint of sexual assault the Student made on or about (b)(6),(b) !(b)(6),(b)l OCR has determined that the allegation is appropr iate for investigation. OCR is responsible for enforcing Title IX of the Educat ion Amendments of 1972 (Title IX), as amended, 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 in programs and activities receiving financial assistance from the U.S. Department of Education (the Department). The Unive rsity is a recipient of financial assistance from the Department. Therefore , OCR has jurisdictional authority to investigate this complaint under Title IX. Because OCR has determined that it has jurisdiction and that the complaint was filed in a timely manner, it is opening this allegation for investigation. Please note that opening the allegation for investigation in no way implies that OCR has made a determination with regard to the merits. During the investiga tion, OCR is a neutral fact-finder, collecting and analyzing relevant evidence from the complainan t, the recipient, and other sources, as appropriate. OCR will ensure that its investigation is legally sufficient and is dispositive of the allegation , in accordance with the provisions of Article III of OCR's Case Processing Manual. Enclose d is a docum ent entitled, "OCR Complaint Processing Procedures. " This document will provide you with an overview of OCR's complaint evaluation and resolution process. OCR will collect only material needed to investigate this complaint and will take all proper precautions to protect the identity of any individuals named in documents. The Departmentof Education's missionis to promote studentachievementand preparation fo r global competitivenessby fos tering educational excellence and ensuringequal access. Page 2 of 3 - President Tilghman 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 necessary for it to determine whether a recipient is in compliance with the regulations it enforces. This requirement is incorporated by reference in the regulation implementing Title IX, at 34 C.F .R. § 106.71. This information is also being requested pursuant to 34 C.F.R. § 99.31 (a)(3)(iii) . Please submit the information listed on the enclosed data request to OCR within twenty (20) days of the date of this letter, or OCR may conduct an onsite file review in order to obtain this informat ion in a timely manner. OCR ' s goal is the prompt and appropriate resolution of the allegations contained in a complaint. OCR offers, when appropriate, an Early Complaint Resolution (ECR) process, similar to mediation , to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegation(s). Some information about the ECR process is in the enclosure to this letter entitled, "OCR Complaint Processing Procedures, " and on OCR's website at http://www2.ed.gov /about/offices/list/ocr/docs /ocrcpm.html#IT. Also, when appropriate , a complaint may be resolved before the conclusion of an investigation after the recipient expresses an interest to OCR to resolve the complaint. In such cases , OCR obtains a resolution agreement signed by the recipient. This agreement must be aligned with the complaint allegations or the information obtained during the investigation, and it must be consistent with applicable regulations . Additional information about this voluntary resolution process may be found in the enclosure entitled , "OCR Complaint Processing Procedures," and on OCR' s website at http ://'\.\ww2.ed.gov/about/offices /list/ocr/docs/ocrcpm.html#III. It is unlawful to harass or intimidate an individual who has filed a complaint or participated in actions to secure protected rights. Under the Freedom of Information Act, 5 U.S.C. § 552, it may be necessary to release this letter and related correspondence and records upon request. In the event that OCR receives such a request, it will seek to protect, to the extent provided by law, personally identifiable information that if released , could constitute an unwarranted invasion of personal privacy. OCR staff will contact you within twenty (20) days of the date of this letter to discuss the allegations and the complaint resolution process. In the interim, if you have any questions , please contact Stacy L. Bobbitt, Compliance Team Investigator , at (646) 428-3823 or stacv.bobbitt@ed.uoY ; Jocelyn Frank, Compliance Team Attorney, at (646) 428-3796 or jocelyn.frank@ed.gov ; or David Hensel, Compliance Team Attorney , at (646) 428-3778 or david.henscl@ed.gov . Sincerely, ~")Iv\~ Nadja Allen Gill Compliance Team Leader Encl. Page 3 of 3 - President 'l'ilghman Dnta Request Princeton University Cue No. 02-11-1167 Student: Please pmvide the following items. or male in writing wheiher arty requerled material does no! exist, This ill/urination is due in OCR by September I3, 2011i 1. Copies of all documentation related to the Student's report of sexual assault made on or about December 21. 2010, including but not limited to a copy of any written complaint(s) or record(s) of oral complaint(s) made by the Student, investigative reports. witness statements. electronic mail messages (emails), telephone logs, and correspondence. A detailed description of the steps and actions the University took in response to the Student's complaint of sexual assault. including: a. a description of the procedures employed by the University to investigate the complaint: the timeline for completion of each stage of the investigation process; the types of records maintained; the final outcome of all investigation(s): the name(s) and title(s) of University stafi' involved in the investigation process; and the evidentiary standard applied by the University to determine the outcome of the Student's complaint. 9.0-9.6 3. Copies of all documentation, including but not limited to, letters. emails. reports. notes, 4. logs, mccting minutes. hearing transcripts. discipline records, telephone records. campus police records. and other extemal law enforcement agency records related to: at the University's processing of the Student's complaint(s); b, the University's handling/investigation of the Student's complainl(s). including any notices to the parties; c. the disciplinary hearing, including any notices to the parties; d, communications between the University and the Student (or anyone on her behalf) regarding the accused student; and c. communications regarding the accused's standing at the University pending completion or the investigation. The name. title. address, telephone number. fax number and email address of a Contact person for this complaint,