UNITED

TATE S DEPARTM ENT OF EDUCATION
OFFI ( T FOR CIVIL RIGHTS
32 OLD ~LIP . 26rn FLOOR
Nl:.W YORK. '-I\\
YORK 10005

T I M OT HY C. J. BLA . C HARD

DIRECTOR
NEW YO RK OrF IC f:

December 28, 2010
Dr. Nancy L. Zimpher
Chancellor
Office of the Chancellor
State University of New York
State University Plaza
353 Broadway
Albany, NY 12246
Re:

Case No. 02-11-6001
State University of New York System

Dear Chancellor Zimpher:
This Jetter is follow-up to correspondence dated l(b)(6),(b)(?)(C)
I, from Russlynn Ali,
Assistant Secretary for the U.S. Department of Education, Office for Civil Rights (OCR). As
Ms. Ali informed you in that correspondence , OCR is initiating a compliance review of the State
University of New York System (SUNY) to determine whether SUNY is in compliance with
Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 U.S.C. § 1681 et~
which prohibit discrimination on the basis of sex in programs and activities receiving financial
assistance from the U.S. Departmen t of Education (the Department). SUNY is a recipient of
financial assistance from the Department Therefore , OCR has jurisdictiona J authority to initiate
this compliance review under Title IX.
This compliance review will entail an examination of SUNY's handling of complaints of sexual
violence and sexual harassment under its various procedures to determ ine if SUNY has
responded immediately and appropriately, with particular emphasis on complaints of sexual
assault. This will include examination of SUNY ,s relationships with local police and rape crisis
centers. Although the review concerns the entire SUNY system , OCR will focus on four
campuses: SUNY at Albany, SUNY-Bu ffalo State College, SUNY-Morrisville State College,
and SUNY at New Paltz.
The regulalion implementing Title VI, at 34 C.F.R. § 100.6, require s 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. 34 C.F.R . § I 00.6 states in
pertinent part:
(b) Comp liance reports. Each recipient shall keep such records and submit to the responsible
Department official or his designee timely, complete , and accurate compliance reports at
such times, and in such form and containing such information , as the responsibl e

The Deparrment of Education'smission is to promote student achievement and preparationfor global competili\'eness by
fos tering educationalexcellence and ensuring equal access.

 Page 2 of 5 - Dr. Nancy L. Zimpher

Department official or his designee may determine to be necessary to enable him to
ascertain whether the recipient has complied or is complying with this part.
(c) Access to sources of information. Each recipient shall permit access by the responsible
Department official or his designee during normal business hours to such of its books ,
records , accounts, and other sources of information, and its facilities as may be pertinent
to ascertain compliance with this part.
This requirement is incorporated by reference in the regulation implementing Title IX at 34
C.F.R. § 106.71. To facilitate our efforts to complete this compliance review, we reque st that
you forward to OCR, within thirty (30) days from the date of this letter, the information listed on
the enclosed data request.

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 Jetter
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 persona l privacy.
Upon receipt of this letter, please notify us of the identity and telephone number of the person
who will represent SUNY during OCR's review. If you have questions about this compliance
review, please contact Coleen Chin, Senior Attorney, at (646) 428-3809 or coleen.chin@ed.go v;
or Erin Gimbel, Compliance Team Leader, at (646) 428-3815 or erin.gimbel(@ed.gov.
+

cc:

 Page 3 of 5 - Dr. Nancy L. Zimpher

Data Re quest
State University of New York System (SUNY)
Complian ce Revi ew No. 02-11-6001
Unless otherwise noted, please provide the following information for all SUNY colleges.
Indicate in writing if any of the requested items do not exist.
1. The name, title, office address, electronic mail (e-mail) address, and telephone number of
each college's Title IX Coordinator. Indicate the method(s) by which this information is
disseminated to students and employees. Provide copies of all publication s that contain
this information.
2. Copies of each college's Title IX grievance proc edures. Also provide a copy of each
college's sexual harassment and sexual assault policies and procedures . If the college does
not have a separate policy and procedure to address sexual harassment and sexual assault
complaints, provide the procedures used to address such complaints. Indicate how this
information is dissemina ted to students and employees.
3. If not addressed in the policies and procedures referenced in Data Request 2, above,
indicate whether each college has separate entities that investigate and resolve sexual
harassment complaints, as opposed to sexual assault compla ints. If a different process is
used depending upon whether the complaint involves allegations of sexual assault, provide
an explanation as to when a complaint would be addressed by one entity as opposed to the
other; whether students have an option to utilize either process; and if information is
available to students and employees regarding the differences between each process ,
including remedies and timeframes.
4. A copy of each college's notice of non-discrimination statement stating that it does not
discriminate on the basis of sex in the educational programs or activities that it operates,
and that it is requ ired by Title IX not to discriminate in such a manner . Indicate how the
notice of non-discrimination is disseminated to students and employees.
5. Copies of the Student Code of Conduct and Student Discip linary Code for SUNY at
Albany , SUNY-Buffalo State College, SUNY-Morrisvi lle State College , and SUNY at
New Paltz.
6. Copies of any materials regarding sexual harassment and sexual violence that SUNY
distributed at SUNY at Albany, SUNY-Buffalo State College, SUNY -Morrisville State
College, and SUNY at New Paltz to students during orientation or upon the filing of a
sexual harassment or sexual assault complaint.
7. Provide an explanation of how students and employees at SUNY at Albany , SUNY-Buffalo
State College, SUNY-Morrisville State College, and SUNY at New Paltz were notified
about where and how they may file internal grievances regarding sexual harassment and
sexual assault; and informat ion regarding the filing of sexual harassment and sexua l assault
complaints \\rith the appropriate state and federal agencies .

 Page 4 of 5 - Dr. Nancy L. Zirnpher

8. Provide the name of and any materials regarding any campus focus groups at SUNY at
Albany, SUNY-Buffalo State College, SUNY-Morrisville State College, and SUNY at
New Paltz consisting of representative leaders from the student community (e.g., women's
groups , athletes, residential assistants, fraternity and sorority leaders, etc.) and college
officials that provide input regarding strategies for ensuring that students understand their
rights under Title IX; how to report possible violations of Title IX; and are aware of the
college's obligation to promptly and equitably respond to Title IX complaints.
9. A description of any sexuaJ harassment and sexual assault training provided to college staff
at SUNY at Albany, SUNY-Buffalo State College, SUNY-Morrisville State College, and
SUNY at New Paltz during academic years 2007-2008, 2008-2009, 2009-2010, and 20102011, including:
a.
b.
c.
d.
e.

The dates provided;
The names and expertise/background of the individuals who provided the training;
A description of the content of the training;
A list of who attended the training; and
A copy of any materials used during the training.

10. For academic years 2007-2008, 2008-2009 , 2009-2010, and 2010-201 I , copies of all
written complaints, and a detailed description of any oral complaints, filed with the Title IX
coordinator, administrators, professors , campus police, or any other employee alleging
sexual harassment or sexual assault of students or staff at SUNY at Albany, SUNY-Buffalo
State College, SUNY-Morrisville State College, and SUNY at New Paltz.
11. For each grievance or complaint referenced in Data Request 10, above, provide the
following information:
a. The name and title of the individual with whom the complaint or grievance was
filed and/or initially discussed;
b. A description of the procedures employed to investigate the complaint;
c. The name(s) and title(s) of college staff involved in the investigation;
d. A description of any investigation conducted by the college, including a timeline for
when the college completed each step in the investigation;
e. A description of the types of records maintained;
f. A description of aJI actions taken by the college in response to the concerns raised,
the final outcome of the investigation, an explanation of those findings and any
sanctions, and a description of how such findings were communicated to the
complainant;
g. Copies of all documentation regarding the investigation, including but not limited to
letters, e-mail exchanges , reports, notes, witness statements, campus police reports,
external law enforcement agency records, transcripts, and all documentation related
to any hearing; and
h. Copies of all communications between the college and the complainant or the
accused regarding the complaint.

 Page 5 of 5 - Dr. Nancy L. Zimpher

12. Describe the relationships between SUNY a1 Albany, SUNY-Buffalo State College,
SUNY-Morrisville State College, and SUNY at New Paltz and their respective local police
departments and local rape crisis centers regarding sexual assauJt complaints, including
whether each college has a process by which it notifies its local police department and local
rape crisis center of a sexual assault complaint, and a description of this process. State
whether the college collaborates with its local police department and local rape crisis center
dwing its investigation of a sexual assault complaint. Also indicate whether during the
pendency of initial evidence gathering by the police regarding a sexual assault complaint, if
the college provides witnesses with information about their Title IX .;ights, provides
resources for victims, or takes any interim actions as may be necessary to ensure the safety
of any victims and the campus community. If so, provide documentation evidencing this
and the names and titles of college staff who were involved. Also provide the names and
titles of staff responsible for communicating with the local police department and local rape
crisis center regarding sexual assault complaints.
13. State whether SUNY at Albany, SUNY-Buffalo State Co llege, SUNY-Morrisville State
College , and SUNY at New Paltz have designated a contact to be "on-call" to assist victims
of sexual assault. If so, identify this contact, how long this "on-call" system has been in
place, and the procedures of this "on-call" system .
14. Any other publications regarding sexual harassment and/or sexual assault distributed to
students and/or employees at SUNY at Albany, SUNY-BuffaJo State College, SUNYMorrisville State College, and SUNY at New Paltz that have not been already provided in
response to Data Requests 1-13.
J 5. Any other information you think OCR should consider in this matter.

16. The name, title, telephone number, e-mail address, fax number and business address of the
contact person(s) for this compliance review.

 UNITED STATES DEPARTMENT OF EDUCATION
OF FICE FOR CIVIL RIGHTS
THE ASSI STANT SECRETARY

Dr. Donald P. Christian
Interim President
State University of New York at New Paltz
1 Hawk Drive
New Paltz, New York 12561
(In reply, please refer to case number 02-11-6001)
Dear President Christian:
The Office for Civil Rights (OCR)of the U.S. Department of Education (Departme nt) is responsible for
enforcing Federal civil rights laws that prohibit discrimination on the basis of race, color, national origin ,
sex, disability , and age by educational institutions that receive Federal financial assistance from the
Department . OCR is responsible for investigating individual complaints of discrimination and is also
required to periodically conduct proactive compliance reviews of recipient practices to determine
whether they comply with the laws that OCRenforces.
Compliance reviews are designed to address systemic issues and ensure that violations are readily
identified and promptly eliminated. Compliance review sites are selected based on various sources of
information, including statistical data and info rmatio n from parents, advocacy groups, the media, and
community organizations.
I write to advise you that OCR has selected the State University of New York (SUNY)at New Paltz for a
compliance review under Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 U.S.C.
§ 1681 et seq. Title IX and its implemen ting regulation, 34 C.F.R. Part 106, prohibit discrimina t ion on the
basis of sex in education programs and activities.
SUNY at New Paltz receives funds from the
Department and is therefore subject to Title IX and the regulation .
This compliance review will entail an examination of SUNY at New Paltz's handling of comp laints of
sexual violence and sexual harassment under its various procedures to determine if SUNYat New Paltz
has responded immediate ly and appropriately , with particular emphasis on complaints of sexual assault.
OCRwill conduct this review of SUNY at New Paltz as part of a larger review of the SUNY System to
evaluate the SUNYSystem's compliance with Title IX and its implementing regulation at 34 C.F.R. Part
106. The other three campuses that are the focus of the review are: SUNYat Albany, SUNY-Buffalo State
College, and SUNY-Morrisville State College. It should be emphasized that at this time OCRhas reached
no conclusions as to whether a violation of any federal law exists.
U.S. Secretary of Education Arne Duncan is committed to ensuring that all students are afforded equal
educational opportunities . We believe the information and any results from th is compliance review will
have a direct and positive impact on students throughout the SUNY System.

400 MARYLA ND AVE. S.W., WASHNINGTON , DC 2020 2- 1100
www .ed .gov
The Depar tmen t of Education ·s missio n 1s 10 p romote student achiev ement and p reparation fo r g lobal compe titiveness by
fo stering educational ex celle nce and ensuring equal access.

 The OCR New York enforcement office will conduct this compliance review. Timothy Blanchard, OCR's
Director in New York, will contact you within two weeks of the date of this letter to make arrangements
for the next steps in the compliance review process, including requesting access to data and personnel.
ff you or your staff have any questions or concerns regarding the investigation, please do not hesitate to
contact Mr . Blanchard at (646) 428-3805.
Thank you for all you have done - and continue to do - to improve our nation's schools.

Russlynn Ali
Assistant Secretary for Civil Rights

cc:

 UNITED STATES DEPARTMENT OF EDUCATION
OFF ICE FO R CIVIL RIGHTS
THE ASSISTANT SECRETARY

Dr. Raymond W. Cross
President
State University of New York-Morrisville State College
Whipple Administration Building
Fifth Floor
Morrisville , New York 13408

_ .._

,,,

,...,

(In reply, please refer to case number 02-11-6001)
Dear President Cross:
The Office for Civil Rights (OCR) of the U.S. Department of Education (Department) is responsible for
enforcing Federal civil rights laws that prohibit discrimination on the basis of race, color, national origin,
sex, disability , and age by educational instituti ons that receive Federal financial assistance from the
Department. OCR is responsible for investigating individual complaints of discriminat ion and is also
require d to periodically conduct proactive compliance reviews of recipient practices to determine
whether they comply with the laws that OCRenfo rces.
Compliance reviews are designed to address systemic issues and ensure that violations are readily
identifie d and promptly eliminated. Compliance review sites are selected based on various sources of
information, including statistical data and information from parents, advocacy groups, the media, and
community organizations.
I write to advise you that OCR has selected the State University of New York (SUNY)-Morrisville State
College for a compliance review under Title IX of the Education Amendments of 1972 (Title IX), as
Title IX and its implemen ting regulation, 34 C.F.R. Part 106, prohibit
amended, 20 U.S.C. § 1681 et~discrimination on the basis of sex in education programs and activities. $UNY-Morrisville State College
receives funds from the Department and is therefore subject to Tit le IX and the regulation .
This compliance review will entail an examination of $UNY-Morrisville State College's handling of
complaints of sexual violence and sexual harassment under its various procedures to determine if SUNYMorrisville State College has responded immediately and appropriately, with particular emphasis on
complaints of sexual assault. OCRwill conduct this review of SUNY-Morrisville State College as part of a
larger review of the SUNY System to evaluate the SUNY System's compliance with Title IX and its
impleme nting regulation at 34 C.F.R. Part 106. The other three campuses that are the focus of the
review are: SUNY at Albany, SUNY-Buffalo State College, and SUNY at New Paltz. It should be
emphasized that at this time OCR has reached no conclusions as to whether a violation of any federal
law exist s.
U.S. Secretary of Education Arne Duncan is committed to ensuring that all students are afforded equal
educational opportunities. We believe the information and any results from this comp liance review will
have a direct and positive impact on students throughout the SUNYSystem.

400 MARYLAND A VE. S. W., WASHNINGTO N, DC 20202 - 1100
www.ed.gov
The Departme nt of Education ·s mission is to p romote student ach ievement and p reparation fo r gl obal compe titiveness by
fos tering educati onal e•..:cellence and ens uring equal access.

 The OCR New York enforcement office will conduct this compliance review. Timothy Blanchard, OCR's
Director in New York, will contact you within two weeks of the date of this letter to make arrangements
for the next steps in the compliance review pro cess, includ ing requesting access to data and personnel.
If you or your staff have any questions or concerns regarding the investigation, please do not hesitate to
contact Mr . Blanchard at (646) 428-3805.
Thank you for all you have done - and cont inue to do - to improve our nation's schools.
Sincerely,

Russlynn Ali
Assistant Secretary for Civil Rights

cc:

 UNITED STATES DEPARTMENT OF EDUCATION
OFFIC E FOR CIV IL RIGHTS
TH E ASS IST ANT SECRETA RY

George M . Philip
President
State University of New York at Albany
1400 Washington Avenue
University Hall, Room 302
Albany, New York 12222

,,
·~

(In reply, please refer to case number 02-11-6001)
Dear President Philip:
The Office for Civil Rights (OCR) of the U.S. Department of Education (Department) is responsible for
enforcing Federal civil rights laws that prohibit discrimination on the basis of race, color, national origin,
sex, disability, and age by educationa l institut ions that receive Federal financial assistance from the
Department . OCR is responsible for investigating individual complaints of discrimination and is also
required to periodically conduct proactive compliance reviews of recipient practices to determine
whether they comply with the laws that OCRenforces.
Compliance reviews are designed to address systemic issues and ensure that violations are readily
identified and promptly eliminated. Compliance review sites are selected based on various sources of
information, including statistical data and informat ion from parents, advocacy groups, the media, and
community organizations.
I write to advise you that OCR has selected the State University of New York (SUNY)at Albany for a
q:>mpliance review under Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 U.S.C.
§ 1681 et seq. Title IX and its implementing regulation , 34 C.F.R. Part 106, prohibit discrimination on the
basis of sex in education programs and activities . SUNYat Albany receives funds from the Department
and is therefore subject to Title IX and the regulation .
This compliance review will entail an examination of SUNYat Albany's handling of complaints of sexual
violence and sexual harassment under its various procedures to determine if SUNY at Albany has
responded immediately and appropriately , with particular emphasis on complaints of sexual assault.
OCRwill conduct this review of SUNYat Albany as part of a larger review of the SUNYSystem to evaluate
the SUNYSystem's compliance with Title IX and its impl ementing regulation at 34 C.F.R. Part 106. The
other three campuses that are the focus of the review are: SUNY-Buffalo State College, SUNY-Morrisville
State College, and SUNYat New Paltz. It should be emphasized that at this time OCR has reached no
conclusions as to whether a violation of any federal law exists.
U.S. Secretary of Education Arne Duncan is committed to ensuring that all students are afforded equal
educational opportunities. We believe the information and any results from this compliance review will
have a direct and positive impact on students throughout the SUNYSystem.

400 MARYLAND AVE. S.W., WASHNINGTON, DC 20202-1100
www.ed.gov
The Departmenrof Education ·s mission is to promote student acJ11evementand prepa ration fo r global competitiveness b_v
fo stering educati onal excellence and ensuring equal access.

 The OCR New York enforcement office will conduct this compliance review. Timothy Blanchard, OCR's
Directo r in New York, will contact you within two weeks of the date of this letter to make arrangements
for the next steps in the compliance review process, including requesting access to data and personnel.
Should you have any questions or conce rns, please do not hesitate to contact me at (202) 543-5900. If
your staff has any questions regarding the investigation , please do not hesitate to contact Mr . Blanchard
at (646) 428-3805.
Thank you for all you have done - and continue to do - to improve our nation's schools.
Sincerely,

Russlynn Ali
Assistant Secretary for Civil Rights

cc:

 UNITED STATES DEPARTMENT OF EDUCATION
OFFICE FOR CIVIL RIGHTS
THE ASSISTANT SECRETARY

Dr. Aaron Podolefsky
President
State University of New York-Buffalo State College
President's Office
Cleveland Hall 517
1300 Elmwood Avenue
Buffalo, New York 14222
(In reply, please refer to case number 02-11-6001)
Dear President Podolefsky:
The Office for Civil Rights (OCR) of the U.S. Department of Education (Department) is responsible for
enforcing Federal civil rights laws that proh ibit discrimination on the basis of race, color, national origin,
sex, disability , and age by educational institutions that receive Federal financial assistance from the
Department . OCR is responsible for investigating individual complai nts of discrimination and is also
required to periodically conduct proactive compliance reviews of recipient practices to determine
whether they comply with the laws that OCRenforces.
Compliance reviews are designed to address systemic issues and ensure that violations are readily
identified and promptly eliminated . Compliance review sites are selected based on various sources of
information, including statistical data and information from parents, advocacy groups, the media, and
community organizations.
I write to advise you that OCR has selected the State University of New York (SUNY)-Buffalo State
College for a compliance review under ntl e IX of the Education Amendments of 1972 (Title IX), as
amended, 20 U.S.C.§ 1681 et seq. Title IX and its implementing regulation, 34 C.F.R. Part 106, prohibit
discrimination on the basis of sex in education programs and activities . SUNY-Buffalo State College
receives funds from the Department, and is therefore subject to Title IX and the regulat ion.
This compliance review will entail an examination of SUNY-Buffalo State College's handling of
complaints of sexual violence and sexual harassment under its various procedures to determine if SUNYBuffalo State College has responded immediately and appropriately, with particular emphasis on
complaints of sexual assault. OCR will conduct th is review of $UNY-Buffalo State College as part of a
larger review of the SUNY System to evaluate the SUNY System's compliance with Title IX and its
implementing regulation at 34 C.F.R. Part 106. The other three campuses that are the focus of the
review are: SUNY at Albany, SUNY-Morrisville State College, and SUNY at New Paltz. It should be
emphasized that at this time OCRhas reached no conclusions as to whether a violation of any federal
law exists.
U.S. Secretary of Education Arne Duncan is committe d to ensuring that all students are afforded equal
educational opportunit ies. We believe the information and any results from this compliance review will
have a direct and positive impact on students throughout the SUNYSystem.

400 MARYLAND AVE. S.W.• WASHNTNGTON,DC 20202-1100
www.ed .gov
The Department of Education ·s mission is to promote s tudent achieveme nt and preparation/or global competi tiveness by
fos tering educ ational excellence and ensuring equal access .

 The OCR New York enforcement office will conduct this comp liance review. Timothy Blanchard, OCR's
Director in New York, wi ll contact you within two weeks of the date of this lett er to make arrangements
for the next steps in the compliance review process, including requesting access to data and personnel.
If you or your staff have any questions or concerns regarding the investigation, please do not hesitate to
contact Mr. Blanchard at (646) 428-3805.
Thank you for all you have done - and continue to do - to improve our nation's schools.
Sincerely,

Russlynn Ali
Assistant Secretary for Civil Rights

cc: