UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 32 OLD SLIP. 26TH FLOOR NEW YORK, NEW YORK 10005 TIMOTHY C. J. BLANCHARD DIRECTOR NEW YORK OFFICE November 1, 2013 (b)(6},(b)(7)(C) Re: Case No. 02-13-2433 State University of New York at Stony Brook Dear On l (b)(6},(b)( ?)(C) Lthe U.S. Dep~ment of Education, New York Office for Civil Rights (OCR) received the above-referenced complaint you filed against the State University of New York at Stony Brook. You alleged that the University failed to respond appropriately to a . in which you alleged that you were sexually assaulted complaint you filed in the spring of ~ and harassed by a graduate student (Allegation I) . You also alleged that in retaliation for our filing of this complaint , the University disciplined you during academic year (b)(6},(b)( (Allegation 2). Based on the infonnation you provided in your complaint and during a telephone conversation with OCR staff on October 21, 2013, OCR has determined that Allegation 2 is appropriate for investigation . However, OCR has determined that Allegation 1 is not appropriate for investigation for the reasons discussed below. With respect to Allegation 1, you alleged that the University failed to respond appropriately to a complaint you filed in the spring of 2012, in which you alleged that you were sexually assaulted and harassed by a graduate student. You informed OCR that the University's hearing regarding your complaint occurred in the spring of 2012 and that the University informed you of the hearing committee's decision in the late spring or early summer of 2012. OCR has determined that your allegation is untimely. OCR requires that complaints be filed with OCR within 180 calendar days of the alleged discriminatory event, unless the time for filing is extended by this office. The information you provided indicated that the alleged acts of discrimination you complained of occurred in the late spring or early summer of 2012, more than 180 days from the filing of your OCR complaint on September 20, 2013. During the telephone conversation with OCR staff on October 21, 2013, you requested a waiver of the timeliness requirement, claiming that you did not file sooner because you were trying to resolve the issues directly with the University. After careful consideration of your waiver request, OCR has detennined that the circumstances you described do not warrant a waiver of the The Department of Education'smission is to promote studentachievementand preparationfor global competitivenessby fostering educationalexcellenceand ensuringequal access. timeliness requirement. Therefore, OCR has denied your request for a waiver. Accordingly, OCR has dismissed Allegation 1. As previously stated, OCR will investigate Allegation 2. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX). as amended, 20 1681 et 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 University is a recipient of financial assistance from the Department. Therefore, OCR has jurisdictional authority to investigate this complaint under Title 1X. The regulation implementing Title IX, at 34 C.F.R. 106.71, incorporates by reference 34 C.F.R. 100.7(c) of the regulation implementing Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d ct seg. which provides that: No recipient or other person shall intimidate, threaten. coerce or discriminate against any individual {or the purpose of interfering with any right or privilege secured by regulations enforced by OCR or because one has made a complaint. testified, assisted or participated in any manner in an investigation, proceeding or hearing held in connection with a complaint. Because OCR has determined that it has jurisdiction and that the allegation was filed in a timely manner, it is opening Allegation 2 for investigation. Please note that opening the allegation for investigation in no way implies that OCR has made a determination with regard to its 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 investigation is legally sufficient and is dispositive of the allegation, in accordance with the provisions of Article of OCR's Case Processing Manual. 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 contained in the publication entitled, 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 ctl.um about tying-es list out docs mt Also, when appropriate, a complaint may be resolved before the conclusion of an investigation afier the recipient expresses an interest to OCR to resolve the complaint. In such cases, OCR obtains a resolution agreement sigied by the recipient, This agreement must be aligned with the complaint allegation 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 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 hup' mum um (IbtiillrurlL ocr'dog Please be advised that the University may not harass, coerce, intimidate, or discriminate against any individual because he or she has filed a complaint or participated in the complaint resolution process. if this happens. you may file another complaint alleging such treatment. Under the Freedom of Information Act, it may be necessary to release this document 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 which, if released, could reasonably be expected to constitute an invasion of personal privacy, OCR staff will contact you to discuss the complaint resolution process. In the interim, if you have any questions. please contact Coleen Chin, Senior Attorney, at (646) 4284809 or 919m (Jungle-5! um. Sincerely, Erin Emery Compliance Team may UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 32 OLD SLIP, 26TH FLOOR NEW YORK. NEW YORK I 0005 TIMOTHY C. ,J. BLANCHARD DIRECTOR NEW YORK OFFIC E Nov ember 1, 2013 Dr. Samuel L. Stanley , Jr. President State University of New York at Stony Brook The Office of the President 310 Administration Building Stony Brook, New York 11794-0701 Re: Case No. 02-13-2433 State University of New York at Stony Brook Dear Dr. Stanley.: On l(b}(6},(b}(7)(C) I,the U.S. Department of Educatio n, New .York Office for Civil Rights (OCR) received the above-referenced complaint filed against the State University of New York at Stony Brook. The complainant alleged that in retaliation for her filing of a sexual assault and IJ,W~w.£l...a.i t compl~int with the University, the University disciplined her during academic year (b)(e},(b) . OCR has determined that this allegation is appropriate for inves tigation. OCR is responsible for enforcing Title IX of the Education Amendmen ts of 1972 (Title IX), as amended, 20 U.S.C. § 1681 et seq., and its implemen.ting 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 University is a recipient of financial assistance from the Department. Therefore , OCR has jurisdictional authority to investig~te this complaint under Title IX. The regulation implementing Title IX, at 34 C.F.R. § 106.71, incorporates by reference 34 C.F.R. § I00 .7(e) of the regulation implementing Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., which provides that: No recipient or other person shall intimidate, threaten, coerce or discriminate against any individual for the purpose of interfering with any right or privilege secured by regulations enforced by OCR or because one has made a complaint, testified, assisted or participated in any manner in an investigation, proceeding or hearing held in connection with a complaint. The Department of Education's mission is to prom ote student achievemen t and pr eparation/or global compet itiveness by foste ring educational excellence and ensuring eq ual access. Page 2 of 4 - Dr. Samuel L. Stanley, Jr. Because OCR has determined that it has jurisdiction and that the allegation was filed in a timely manner, it is opening the allegation for ·investigation. Please note that opening the allegation for investigation in no way implies that OCR has made a determination with regard to its 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 investigation is legally sufficient and is dispositive of the allegation, in accordance with the provisions of Article III of OCR' s Case Processing Manual. Enclosed is a document entitled, "OCR Complaint Processing Procedures." This document will provide you with an overview of OCR's complaint evaluation, investigation 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. Please submit the information listed on the enclosed data request to OCR within twenty (20) days of the date of this letter. 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 of the Education Amendments of 1972, at 34 C.F.R. § 106.71. This information also is being requested pursuant to 34 C.F.R. § 99.3 l(a)(3)(iii). 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.Qov/about/offices/l ist/ocr/docs/ocrcpm.html#II. 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://www2.ed.gov/about/offices /list/ocr/docs/ocrcpm.html#III. Please be advised that the University may not harass, coerce, intimidate, or discriminate against any individual because he or she has filed a complaint or participated in the complaint resolution process. If this happens, the complainant may file another complaint alleging such treatment. Under the Freedom of Information Act, it may be necessary to release this document 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, which, if released, could reasonably be expected to constitute an unwarranted invasion of personal privacy. Page 4 0H Dr. Samuel L. Stanley, in Data Request OCR Case No. 02-13143} State Universii of New York at Stoni ilrook Data Due Date: November 21, 2013 Please provide the following information or indicate in writing if any of the requested items do not exist. 1. State Whether the complainant filed a sexual msault and harassment complaint with the University during academic year 201 1--2012. Identify the names and titles of University staff who responded to the complaint and who participated in the University's investigation and determination of the complaint. State whether the University disciplined the Student during academic year 2012-2013. If so, provide the following information: a. The reasons why the complainant was disciplined; b. Any relevant documentation, including but not limited to a copy of any charges filed against the oomplainant, hearing committee documentation regarding any hearing and determination, and any oonespondencc between the University and complainant regarding the discipline; and c. The names and titles of University staff who participated in the discipline process and their respective roles. State whether, during academic years 2011-2012 and 2012-2013, the University disciplined any other student for the same reasons it disciplined the complainant. If so. provide the following information: a. A list of these students that includes the date and a description of the offense(s); b, A description of the discipline that the University issued to the students and the date ofthe discipline; and 0. Whether any of these students engaged in a protected activity". Any additional information that the University believes would be helpful to OCR's investigation of this complaint. The name, title, telephone number and email address of the University's designated contact person for this complaint. A protected notiviry involves making complaint, assisting or participating in any manner in an investigation, proceeding or hearing under the regulaxions enforced by OCR. or stntilnr activities, such rs ntivooating for righu guaranteed by these regulations. OCR enforces federal laws and tegulrtions prohibit discrimination on the bases of me, color, national origin. disubiliry, sex, and rge. OCR is also responsible for cutoreirtg the Boy Scouts ofAmerica Equal Access Act.