UNITED STATES DEPARTMEl'iT OF EDUCATIOl'i OFr-l CE r-<>RCIVIL RI GHTS .,2 OLD SLI P. 26TH FLOO R :S:E W YOR K. :S:E W YO RK 1000 5 Tt:\IOTJ-1 \ C. J. BL\ 'iCJ-1 .\RD D IR l:C TOR :S:f'\\' YO RK t) Fl'ICI : December 4, 2013 (b )(6),{b )(7)(C) Re: Case No. 02-14-2012 Sarah Lawrence College Dear !(b )(6),(b )(7)(C) I: l On !(b)(6),(b)(7)(C) the U.S. Department of Education, New York Office for Civil Rights (OCR) received the above-referenced complaint you filed against Sarah Lawrence Colle e. You ~ ed that the College failed to respond appropriately to a complaint you made in (b)(6),{ b)(7 alleging that a male student sexually assaulted you. OCR determined that your allegation is appropriate for investigation. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 U.S.C. § 1681 et .wi ., and its implementing regulation at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex jn programs and activities receiving financial assistance from the Department. The College 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 your 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. OCR' s goal is the prompt and appropriate reso lution 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 infonnation about the ECR process is contained in the publication entitled, "OCR Complaint Processing Procedures ," which was The Department of Education's mission is to promote studentachievementand preparationfor global competitiveness by fos tering educational e.xce/lenceand ensuring equal access. vitam- enclosed with OCR's previous letter to you acknowledging your complaint. This information is also on website at about'officcs'list/ocr html=Il. Also. when appropriate. a complaint may be resolved before the conclusion oran invesligatinn 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 tlte 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 he found in the publication <December 4, 2013 Karen R. Lawrence President Sarah Lawrence College 1 Mead Way Bronxville, New York l 0708 Re: Case No. 02-14-2012 Sarah Lawrence College Dear President Lawrence: I, On !(b}(6 },(b}(?)(C) the U.S. Department of Education, New York Office for Civil Rights (OCR) received the above-referenced complaint filed against Sarah Lawrence College. The complainant alleged that the College failed to respond appropriately to a complaint she made in t (b)(6},(b)(7)(C) J,alleging that a male student sexually assaulted her. OCR detennined that this allegation is appropriate for investigation. 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 discrimination on the basis of sex in programs and activities receiving financial assistance from the Department. The College 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 juri sdiction and that the complaint 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 merit. 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 Ill 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. Page 2 of 4 - Karen R. Lawrence, President To facilitate OCR 's efforts to investigate this complaint, OCR requests that, within twenty (20) days of the date of this letter, you provide to OCR the information listed on the enclosed data request. If OCR does not receive the data in a timely manner , OCR may conduct a site visit to obtain the data. 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 informat ion 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 also is being requested pursuant to 34 C.F.R . § 99.31 (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 Procedur es," and on OCR 's website at http ://www2 .ed.gov/about/offices/1ist/ocr /docs/ocrcpm .html#II . Also, when appropriate, a complaint may be resolved before the conclusion of an investigation after the recipien t expresses an interest to OCR to resolve the complaint. In such cases, OCR obta ins a resolution agreement signed by the recipient. This agreement must be aligned with the comp laint allegations or the information obtained during the investigation, and it must be consistent with applicable regulations. Additional information about this voluntary resolution proces s 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.htm l#III. Please be advised that the College may not harass, coerce , intimidat e or discriminate against any individual becau se he or she has filed a complaint or participated in the complaint resolution proce ss. If this happens , the complainant may file another complaint alleging such treatme nt. Under the Freedom of Infom1ation Act, 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 will contact you within twenty (20) days to discuss the allegation and the comp laint resolution process . In the interim , if you have any question s, please contact Anna Moret to Cramer, Compliance Team Attorney, at (646) 428-3826 or anna.moret to.cramer@ed.gov ; or John Collins, Compliance Team Attorney, at (646) 428-3810 or john.collins@ed.gov . Sincerely, Emi ly Frangos Compliance Team Leader Encl. Page 3 of4 rKaren R. Lawrence, Presidenl Data Reguesl OCR Case No. 02-14-20l2 (Ihe eomplamanl) RESPONSE DUE DECEMBER 24, 1013 Please provide the following information, or indieale in writing if any of the requested items do not exist: 1. A copy of the College's policies and procedures, and/or a description of its practices, goveming the invesrigation of complaints of harassment/assault on the basis of sex in academic years 20l172012. 20127201] and 201372014. Include a detailed description of the complaint process, including each level of the process, the length of the process. and the types of records maintained. Also, provide the names and titles of College staff responsible for handling complaints or harassment/assault on the basis of sex, al each level ofth process. An explanation of the means by which the College informed students, parents and employees of the policies and procedures referred to in Item 1, above. Submit copies of all materials Copies of publications that contain the College's nondiscrimination notice. the URL for any electronic postings of the nondiscrimination notice, and a lisl of campus locations where the notice ofnondiscriminalion is physically posted, ifany. A copy of the College's policies and procedures, and/or a description of its practices in etrect in academic years 20l 1.2012, 2012--2013 and zen--2014, governing: disciplinary or corrective actions that may be taken to address sexual harassment/assault by students; and the provision orserviccs to the victims of sexual harassment/assault, ifany. Copies ofall informal and formal complaints, including records of oral complaints, made by or on including those made by or on behalf of the complainant, in academic years mi 12012. 20124013 and 201372014, alleging sexual harassment/assault. For each complaint, provide: the name(s) of the individual(s) to whom the complaint was made, and the date the complaint was made: a delailcd description of the complaint processing procedures employed In resolve the complaint; the length of the process; the name(s) and Iitle(s) of the individual(s) involved in the handling of the complaint; all actions taken by the College in response to the concerns raised: (0 the final outcome(s) ofall any corrective action taken; and Page 4 of 4 - Karen R. Lawrence, President (h) any notice of the findings provided to the complainant. 6. Copies of all documentation related to each complaint identified in response to Item 5, including but not limited to correspondence, internal and external memoranda, investigative reports, witness statements, logs, forms, letters, hearing transcripts, meeting minutes and notes generated for each complaint. 7. Copies of any media maintained by the College regarding the alleged incident between the complainant and the accused in September 20 13, including print outs of pages from the Facebook accounts of the comp lainant, the accused, and/or other members of the College community; print outs of other social media; and College newspaper articles . 8. Any other information the College believes will assist OCR in this invest igation. 9. The name, title, office address and telephone number of the individual designated as the College's Title IX coordinator. 10. The name, title, telephone number and electronic mail address for the College's designated contact person for this complaint.