STATES DEPARTMENT or EDUCATION luau 'l izolusllr HOOK \Fu you \l-W Inuo' rlumm murmurs mu December 29' 2014 Re: Case No. 02-14-2333 Bamard College near-- 0n ihe us. Deparlmenr of Education New York Office for Civil Righrs (OCR) received the nhove-reierenoed eomplainr you filed againsl Hamid College. You alleged that the College discriminated on me basis or sex by failing respond approprialely to a student's (Student report of sexual assault when the Rape Crisis Center disclosed confidential info . . - ml ossauli to Univelsity withoul her ooneenr, on or ahou (Allegalion pmVide adequzle training to students or publish ils campus resources for survivors olsexual (Allegation and provide adequate training ro students working at the Sexual violence Response Rape Crisis/Anti-Violence Suppon Cenier (Allegation 3). Based on the inforroarion provided in your complaint and in supplemental documentation. OCR has delermined that it will investigate lhese allegations. In addilion, OCR has determined that it will wherher ihe College responded and equitably ro orher compluims. reports. and/or incidents of sexual violence of which it had mice and, as a result. whether studenls were subjected to a sexually hostile environment Please note that OCR will address Allegnlions and 3 as pan Of is investigation of Allegalion of this Complainll and will no longer list as <Page 2 of 3 - OCR Case Number 02-14-2333 prohibit discrimination on the basis of sex in programs and act1v1t1esrece1vmg financial assistance from the U.S. Department of Education (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 these allegations for investigation. Please note that opening the allegations for investigation in no way implies that OCR has made a determination with regard to their 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 allegations, in accordance with the provisions of Article III of OCR 's Case ProcessingManual. 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 contained in the publication entitled, "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/offices/list/ocr/docs/ocrcpm.htm1#Il. 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 allegat ions 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/offices/list/ocr /docs/ocrcpm.htm1#III. Please be advised that the College 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 happen s, you may file another complaint alleging such treatment. Under the Freedom of Information Act, 5 U.S.C. § 552, 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 3 of 3-0CR Case Numbe r 02-14-2333 OCR will communicate with you periodically regarding the status of your comp laint. ff you arc interested in resolving your complaint through OCR's ECR process or have any questions, please contact Gary Kiang , Senior Attorney, at (646) 428-3761 or garv.kiang@ed.gov; or me, at (646) 428-3806 or felice.bowen@ed.gov. Sincerely, Compliance Team Leader UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIi. RIGH rs 32 OLD SLIP. 26TH FLOOR KEW YORK. NEW YORK 10005 C. J. BLAXCHARD DIRECTOR 1'.EW YORK OFFICE TIMOTHY December 29, 2014 Debora L. Spar President Barnard College 109 Milbank Hall 3009 Broadway New York , New York 10027 Re: Case No. 02-14-2333 Barnard College Dear Pres ident Spar: On !(b)(6),(b)(7)( I, the U.S. Department of Education, New York Office for Civil Rights (OCR) received the above-referenced complaint filed against Barnard College. The compla inant alleged that the College failed to respond promptly and equitably to complaints , reports , and/or incidents of sexual violence of which it · · ing a complaint of sexual assault filed by a student on or about on or about (b)( 5),(b)(?)(C) ; and as a result, students were subjected to a sexually hostile environment. OCR dete1mined that this allegat ion 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. § 168I ct~. , and its implementing regulation at 34 C.F.R. Part l 06, which prohibit discrimination on the basis of sex in programs and activities receiving financial assistance from the Department. The University is a recipient of financial assistance from the Department. Therefore , OCR bas 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 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 dispositi ve of the allegation , in accordance with the provisions of Article III of OCR ' s Case Processing Manual. TheDepartmenJof Education'smissionis to promotestudentachievementandpreparalionforglobal competitivenessby fostering educationalexcellenceand ensuringequalaccess. Page 2 of 6 - Case No. 02- 14-2333 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. 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 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. § l 06. 71. This information also is being requested pursuant to 34 C.F.R. § 99.3 l(a)(3)(i ii). 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/lis t/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 infonnation 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/officcs/list/ocr/docs/ocrcpm.html #III. Please be advised that the College 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, 5 U.S.C. § 552, 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 3 of 6 - Case No. 02-14-2333 OCR staff will contact you within twenty (20) days to discuss the allegation and the complaint resolution process. In the interim, if you have any questions, please contact Gary Kiang, Compliance Team Attorney, at (646) 428 -3761 or gary.kiang(ci;ed.gov ; or me, at (646) 428 -3806 or lelice.bowe nC@ ed.gov. 3$(µ J,.,. Felice A. Bowen Compliance Team Leader Encl. Page 4 of6 7 Case No. 02-14-2333 not. Request Barnard College Case No. <<2-14-1333 Dal: nue: January to, Please provide [he/allnwing items fizr academic year: 201172012, 20124011 and ZOIJAZUH, or state in wriling whelher any requested material does exist: Copies of the College's Title IX grievance procedures and sex discrimination/harassment (including sexual assault) policies and procedures, Include a detailed description of the complaint process. including each level orthc process, the length orthe process. and the types or records maintained. Also, provide the names and titles or the College's staff responsible for handling complaints of on the basis of sex. at each level or the process. Provide a written explanation of the means by which the policies and prooedures are publicized to students, staff, and patents. Submit copies of all materials disseminated. Copies of the College's Student Handbooks. as well as copies of publications that contain the College's nondiscriminalion police, the URL for any electronic poslings of nondiscrimination notice, and a list of campus locations where the notice of nondiscrimination is physically posted. iiany. A copy of the College's policies and procedures, and/or a description or its practices in effect in academic years 201mm, 2012-2013, and zonaom. governing: disciplinary or col-reclivc "lions that may bc lo address sexual harassment/assault by students; and provision of services to the survivors or sexual harassment/assault. ifany. Copies of all documentation related to a report of sexual assault made by or on behalf or student-- (the Student), on or about February 20. 2014. including but not limited to. a copy oi any written oomplainl(s) or rccordts) of oral complaintts) made by llte Student. investigative teporls, wimess slatements, electronic mail messages (emails), logs, and correspondence. A detailed description of the steps and actions the College took in response to the report of sexual assaull of the Sludenl, including: ta) namets) or the individuaus) to whom the report was made. and the date the report (D was made; a descl-iplion of the procedures employed by Use College to investigate/respond to the report: a description of interim remedial measures (academic or other) provided by the College to the Student during the pcndency investigationts); the timelinc for completion ol'cacll stage of the investigation process; the final outcome of all the llame(s) and titlc(s) of College in the investigation process; Page 5 of 6 - Case No . 02-14-2333 (g) (h) the provision of services to the Student as part of any programs/resources for survivors of sexual harassment/assault; and all actions taken by the College in response to the report and/or concerns raised . 6. Copies of all informal and formal complaints, including records of oral complaints, made by or on behalf of students in academic years 2011-2012, 2012-2013, and 2013-2014, alleging sexual harassment/assault. For each complaint, provide: (a) (b) (c) (d) (e) (1) (g) (h) (i) the name(s) of the individual(s) to whom the complaint was made, and the date the complaint was made; a detailed description of the complaint processing procedures employed to resolve the complaint; the overall length of the process and timeline for completion of each stage of the investigation process; a description of interim remedial measures (academic or other) provided by the College to the complainant during the pendency of the investigation; the name(s) and title(s) of the individual(s) involved in the handling of the complaint; the evidentiary standard applied by the College to determine the outcome of the complainant's complaint; all actions taken by the College in response to the concerns raised; the final outcome(s) of all investigations/hearings/appeals; and any notice of the findings provided to the complainant. 7. Copies of aU documentation related to each complaint identified in response to Item 6, 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. 8. Copies of the College's Code of Student Conduct and/or Student Disciplinary Code. 9. State whether the College conducts focus groups/meetings and/or holds informational sessions with the student community (e.g., women's groups, athletes, residential assistants, fraternity and sorority leaders, etc.) and/or College staff regarding students' rights under Title IX, how to report possible violations of Title IX, and/or the College's obligation to promptly and equitably respond to Title IX complaints. If so, provide the dates of such events, a description of the attendees, and any materials presented and/or distributed. 10. The name, office address, and telephone number of the College's Title IX Coordinator. A detailed description of any training regarding sex discrimination, including sexual harassment and sexual assault, provided to the College's Title IX Coordinator or other College staff. For each such training, include: (a) (b) the date(s) the training was provided; the names and qualificalium; of the individuals who provided the training; Page 6 of 6 - Case No. 02-14-2333 (c) (d) a list of the names and titles of the individuals who attended the training; and copies of any materials distributed at the training. 11. The name , title, address, telephone number, fax number , and email address of a contact person for this complaint. 12. Any other information the College believes will assist OCR in this investigation.