UN IT ED STA T ES D EP AR T MEN T OF ED UCATION
OFFICE FOR CIVIL RIGHTS
32 OLD SLIP . 26m FLOOR
NEW YORK , NEW YORK 10005

T IMOTHY C. J. BLAt'\CHARD
DIRECTOR
NEW YORK OFFICE

July 22 , 2014
(b)(6), (b)(7)(C)

Re:

Case No. 02-14-2334
Pace Universitv

Dead (b)(6),(b)(7)( I:

!,

On !(b)(6),(b)(7)( the U.S. Department of Education , New York Office for Civil Rights (OCR)
received the above-referenced complain t you filed against Pace University (the University) . You
alleged that the University failed to respond appropriately to an incident of forcible sexual
assault to which you were subjected , on or about !(b)(6),(b)(7)(C) J(Allegation 1). Based on the
you submitted to OCR and during
information you provided in your comp~ocumentation
telephone interviews with OCR staff on
and Hb}!6}Cb}CZ}
I, OCR has determined that your
allegation is appropriate for investigation . OCR has determined that it will also investigate
whether the Universit y responded promptly and equitably to reports and/or incidents of sexual
violence of which it had notice; and, as a result, students were subjected to a sexually hostile
environment (Allegation 2).
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 U.S. Department of Education (the Department). The College is a recipient
of financial assistance from the Department. Therefor e, 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 allegations for investigation. Please note that opening these 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 compla inant, the recipient , and other sources , as appropriate. OCR will ensure
that its investigation is legally sufficient and is dispositive of the allegations , in accordan~e with
the provisions of Article III of OCR's Case Processing Manual.

The Department of Education 's mission is to p romote student achievement and prepar ation fo r global co mpe titiveness llyfos tering
educational excellence and ens uring equal access.

 

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 rnusl 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 

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. Ifthis 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 unwarranted invasion of personal
privacy.

if you have any questions, please contact Johnson. Senior Compliance Team
lnvestigator, at (646) 423-3821, or or John Collins. Senior Compliance
Team Attorney, at (545) 423-3310. or 'ohn.collins@ed.gov.

Sincerely,
Erin Emery
Compliance Team Leader

UNJTED

STATE S DEP A RT MEN T OF EDUCATION
OFFIC E FOR C IVIL

RIGH T S

3 2 O LD SLI P. 2 6™ FLOO R
NE W YORK , NE W YO RK 1000 5

TIJ\JOTHY C. J. BLANCHARD
D IR ECT OR
NE W Y O R K OFFICE

July 22, 2014
Stephen J. Friedman
Office of the President
Pace University
1 Pace Plaza, 18thfloor
New York, New York I 0038
Re:

Case No. 02-14-2334
Pace University

Dear fresident Friedman:
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 Pace University (the University). The
complainant alleged that the University failed to resliond aywowiatel] to an incident of forcible
sexual assault that occurred against her on or about b)(6),(b 7) C)
(Allegation 1). OCR has
determined that this allegation is appropriate for investigation. OCR has determined that it will
also investigate whether the Universi ty responded promptly and equitably to reports and/or
incidents of sexual violence of which it had notice; and, as a result, students were subjected to a
sexually hostile environment (Allegation 2).
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 ~06, 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 investiga te 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 allegations for investigation. Please note that opening these allegations
for investigation in no way implies that OCR has made a determination with regard to their
merit. During the investiga tion, 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 Processing Manual.

The Department of Education 's miss ion is to p romote student achieve ment and p repara tion/or globa l compe titiveness by foster ing
educational excellence and ensuring equal access.

 Page

2 of 5 - Stephen J. Friedman

Enclosed is a document entitled, "OCR Comp laint Processing Procedures." This document will
provide you with an overview of OCR's complaint eva luation , 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.
The regulation implementing Title VI of the Civi l Rights Act of 1964, at 34 C.F.R. § I 00.6(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 information in a timely manner.
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, intimid ate, 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.
OCR staff will contact you within twenty (20) days of the date of this letter to discuss the
complaint resolution process. In the interim, if you have any questions, please contact Crystal
Johnson, Senior Compliance Team Investigator , at (646) 428-3821, or crystal.johnson @ed.uov;
or John Collins, Senior Compliance Team Attorney, at (646) 428-3810, or john.collins @ed.gov.
Sincerely ,

Erin Emery
Compliance Team Leader
Encl.

 Page 3 of5 -- Stephen J. Friedman

min Request
Pace University

 

Complainant:
DATA DU . August 11, 2014

Please provide the following items/0r academic year 2013--2014, unless olherwl'xe indicated, or
slate in writing whether any requested material does- not exist:

1.

Copies of the University's policies and procedures, and/or a description of its practices.
governing the investigation of complaints of harassment/assault on the basis of sex in
academic years 2011-2012, 2012-2013 and 20134014. 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 the Univelsily's
staff responsible for handling complaints of harassment/assault on the basis of sex, at
each level of the process.

An explanation of the means by which the University informed students, parents and
employees ofthe policies and procedures referred to in Item 1, above. Submit copies of
all materials disseminated.

Copies of publications that contain the University's nondiscrimination notice, the
Uniform Resource Locator (URL) or website link for any electronic postings of the
nondiscrimination notice, and a list of campus locations where the notice of
nondiscrimination is physically posted, ifany.

Copies orthe University's policies and procedures, and/or a description of its practices in
effect during academic years 20114012. 2012-2013 and 2013-2014, governing: 
disciplinary or corrective actions that may be taken to address sexual harassment/assault
by students; and the provision otserviccs to the victims of sexual harassment/assault,
ifany.

State whether the University conducts focus groups/meetings and/or holds informational
sessions with the student community women's groups, athletes, residential
assistants, t'ratemity and sorority leaders, etc,) and/or University staff regarding students'
rights under Title lX, how to report possible violations of Title IX, and/or the
University's obligation to and equitably respond to Title IX complaints. It'so,
provide the dates o[ such events, a description of the attendees, and any materials
presented and/or distributed.

The name, office address, and telephone number of the University's Title IX
Coordinator(s). Indicate the meth0d(s) by which this is disseminated to
students and employees. Provide copies of all publications/websites that contain this
information.

Page 4 of 5 - Stephen J. Friedman
7. A detailed description of any training regarding sex discrimination , including sexual
harassment and sexual assault, provided to the University's Title IX Coordinator(s) and
other University staff. For each such training , include:
a.
b.
c.
d.

the date(s) the training was provided;
the names and qualifications of the individuals who provided the training;
a list of the names and titles of the individuals who attended the training; and
copies of any materials distributed at the training.

8. Copies of all documentation related to the reports of sexual assault made by or on behalf
of the Complainant , including but not limited to a copy of any written complaint(s) or
record(s) of oral complaint(s) , investigative reports, witness statements , hearing
transcripts , electronic mail messages (emails), text messages , telephone logs, and
correspondence.
9. A detailed description of the steps and actions the University took in response to all
complaints relating to the alleged sexual assault of the Complainant, including:
a. a description of the procedures employed by the University to investigate the
complaints ;
b. a description of interim remedial measures (academic or other) provided by the
University to the Complainant during the pendency of the investigation;
c. the time line for completion of each stage of the investigation process ;
d. the types of records maintained ;
e. the final outcome of all investigation(s) ;
f. the name(s) and title(s) of the University staff involved in the investigation process ;
g. the evidentiary standard applied by the University to determine the outcome of the
Complainant ' s complaints; and
h. copies of the University ' s Title IX grievance procedures and sex
discrimination/harassment (including sexual assault) policies and procedures relied
upon to respond to any complaints filed by the Complainant;
1.
the sex of the complainant , accused person and witnesses.
10. Copies of all documentation , including but not limited to, letters, emails, reports, notes,
logs, meeting minutes , hearing transcripts , discipline records, telephone records, campus
public safety records, and other external law enforcement agency records related to:
a. the University ' s processing of the complaints filed by the Complainant , or on the
Complainant's behalf;
b. the University ' s handling/investigation of the complaints filed by the
Complainant , or on the Complainant ' s behalf, including any notices to the parties;
c. any disciplinary hearing, including any notices to the parties;
d. appeals filed;
e. communications between the University and the Complainant (or anyone acting
on her behalf) regarding the accused student; and

 Page 5 of 5 - Stephen J. Friedman
f. communications regarding the accused student ' s standing at the University
pending completion of the investigation.
11. Copies of any media maintained by the University regarding the alleged incident of
sexual assault involving the Complainant and the accused student on or about February
14, 2014, including print outs of pages from the Facebook accounts of the Complainant,
the accused , and/or other members of the University community; print outs of other
social media; text messages , and University newspaper articles.
12. A list of all complaints of sexual assault filed by or on behalf of students at the University
during academic years 2011-2012 , 2012-2013 and 2013-2104.
13. For each complaint identified in Item 12, provide the following:
a. a detailed description of the complaint processing procedures employed;
b. the length of the process;
c. the narne(s) and title(s) of the person(s) responsible for investigating the
complaint;
d. all actions taken by the University in response to the concerns raised;
e. the University's final determination regarding the complaint , and any notice of the
findings provided to the complainant; and
f. a copy of all related documentation, including but not limited to a copy of the
complaint , any documents used during the investigation , any documentation
related to any interim relief provided to the parties , any witness statements ,
internal memoranda regarding the investigation, the determination letters issued to
the parties , and all documentation related to any appeal.
14. Any other information the University believes will assist OCR in this investigation.
15. The name , title, telephone number and electronic mail address for the University ' s
designated contact person(s) for this complaint.