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July 9, 2014
(b)(6), (b)(7)(C)

Re:

Case No. 02-14-2343
St. Thomas Aquinas College

Dear !(b)(6),(b)
CZVC)

On !(b)(6),(b)(7) I,the U.S. Department of Education, New York Office for Civil Rights (OCR)
received the above-referenced complaint you filed against St. Thomas Aquinas College (the
College). You alleged that the College failed to promptly and equitably respond to complaints of
·
· a report of sexual assault made by your
sexual violence of which it had n ·
6
daughter (the Student) on or about (b)( ),( b)(?)(C) , and complaints of harassment/retaliation
following the Student ' s sexll{llassault report; and, as a result, students, including the Smdent,
were subjected to a sexually hostile environment (Allegation 1). You also alleged that in
retaliation for reporting the sexual assault, the College dismissed the Student from the basketball
team (Allegation 2). OCR has determined that it will investigate your allegations.
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. Therefore, OCR has jurisdicti onal authority to
investigate this complaint under Title IX.
The regulation implementing Title IX, at 34 C.F.R. § 106.71, incorporates by reference 34
C.F.R. § 100.7(e) of the regulation implementing Title VI, 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
bearing held in connection with a complaint.

The Department of Education's mission is to promote student achievement and prep aration for global competitiveness by
fosteri ng educational excellence and ensuring equal access .

 Page 2 of2-Case

No. 02-14-2343

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 these
allegations for investigation in no way implies that OCR has made a determination with regard to
their 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 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://v.ww2.ed.gov/about/offices /list/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 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://W\\,-w2.ed.gov/about/offices/list/ocr /docs/ocrcpm.htm1#ill .
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, 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 Jeanette Tejada Bustos , ~omp liance Team Attorney, at
646-428-3777 or jeanette.tejadabustos@ed.gov ; or Stacy Bobbitt, Compliance Team
Investigator , at 646-428-3823 or stacy.bobbitt@ed.gov ; or me, at 646-428-3801 or
nadja.r.allen.gill<d,ed.gov.

Sincerely,

.~./

.6~

Nadja Allen Gill
Compliance Team Leader

 l ~ JTFD STATE S DEPARTJ\IE:\"T OF E DLCATIO~
OHJCE

FOR CIVIL RIGHTS
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July 9, 2014
Dr. Margaret Mary Fitzpatrick
President
St. Thomas Aquinas College
Office of the President
125 Route 340
Sparkill, New York 10976
Re:

Case No. 02-14-2343
St. Thomas Aquinas College

Dear President Fitzpatrick:
, the U .S. Department of Education, New York Office for Civil Rights (OCR)
receive t ea ove-referenced complaint filed against St. Thomas Aquinas College (the College) .
The complainant alleged that the College failed to promptly and equitably respond to complaints
of sexual violence of which it had notice, including a re ort of sexual assault made by the
complainant's daughter (the Student) on or about (b)(6},( b)(7)(C) , and complaints of
harassment/retaliation following the Student's sexual assault report; and, as a result, students,
including the Student, were subjected to a sexually host ile environment (Allegation 1). The
complainant also alleged that in retaliation for reporting the sexual assault, the College dismissed
the Student from the basketball team (Allegation 2). OCR has determined that it will investigate
these allegations.
~l,,_.---1

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. Therefore , OCR has jurisdictional authority to
investigate this complaint under Title IX.
The regulation implementing Title IX, at 34 C.F.R. § 106.71, incorporates by reference 34
C.F.R. § 100.7(e) of the regulation implementing Title VI, 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,
The Department of Education's mission is to promote student achievement and preparation far global ccmpetitiveness by
fostering educational excellence and ensuring equal a.ccess.

 Page 2 of 6-Case No. 02-14-2343
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 complaint was filed in a timely
manner, it is opening these 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 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 ProcessingManual.
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 from the date of this letter, you provide to OCR the information listed on the enclosed data
request. The regulations implementing Title IX, at 34 C.F.R. § 106.71, which incorporates by
reference Title VI, at 34 C.F.R. § 100.6(b) and (c), require 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 information is also being
requested pursuant to 34 C.F.R. § 99.31(a)(3)(iii).
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://~'WW2.ed.gov/about/offices/Jist/ocr/docs/ocrcpm.html#ill .
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, 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 Jeanette
Tejada Bustos, Compliance Team Attorney, at 646-428-3777 or jeanette.tejadabustosrcted.gov;

 Page 3 of 6 - Case No. 02-14-2343
or Stacy Bobbitt, Compliance Team Investigator, at 646-428-3823 or stacy.bobbitt@ed.gov ; or
me, at 646-428-3801 or nadjar.allen.gill@ed.gov .
Sincerely,

~i-b~
l Nadja Allen Gill
Compliance Team Leader

 Page 4 of6 7 Case No. 02-14-2343

Dal: Request
St. Thomas Aquinas College
Case No. 02 4.2343
Complainant
Studen
DATA DU . July 29, 2014

 

Please provide the following items for academic year 2013-2014, unless otherwise indicated, or
state in writing whether any requested material does not exist

1.

For academic years 2011~2012, 2012-2013, and 2013-2014. copies of the College's
policies and procedures, and/or a description of its practices, governing the investigation
of complaints of harassment/assault on the basis of sex. 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 College'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 College informed students, parents and
employees of the policies and procedures referred to in Item 1. above. Submit copies of
all materials disseminated.

Copies of publications that contain the College's nondiscrimination notice. or website
link for any electronic postings of the nondiscrimination notice, and a list of campus
locations where the notice ofnondiscrimination is physically postod, if any.

For academic yeals 2011-2012, 2012-2013 and 2013-2014, copies of the College's
policies and procedures, and/or a description of its practices, governing: disciplinary
or corrective actions that may be taken to address sexual harassmentlassault by students,
staff and third panies; and the provision of services to the victims of sexual
harassment/assault, ifany.

State whether the College conducts focus groups/meetings and/or holds informational
sessions with the student community women's groups. athletes, residential
assistants. fratemity and sorority leaders, etc.) and/or College stafl' regarding students'
lights under Title IX. how Io report possible violations of Title 1X, and/or the College's
obligation to 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.

The name, office address, and telephone number of the College's Title IX Coordinatofis).
Indicate the method(s) by which this ini'onnation is disseminated to students and
employees. Provide copies or all publications/websites that contain this information.

A detailed description of any training regarding sex discrimination, including sexual
harassment and sexual assault, provided to the College's Title IX Coordinatorts) and

Page 5 of 6-Case No. 02- 14-2343
other College staff, including the College's Sexual Grievance Board. 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, as well as reports of
harassment and retaliation following the alleged sexual assault, made on behalf of the
Student, 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 College took in response to all
complaints relating to the alleged sexual assault of the Student, and all complaints of
alleged harassment, and retaliation following the report of sexual assault, including:
a. a description of the procedures employed by the College to investigate the
complaints;
b. a description of interim remedial measures (academic or other) provided by the
College to the complainant during the pendency of the investigation;
c. the timeline 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 College staff involved in the investigation process; and
g. the evidentiary standard applied by the College to determine the outcome of the
complainant 's complaints;
h. copies of the College's
Title IX grievance procedures and sex
discrimination/harassment (including sexual assault)/retaliation policies and
procedures relied upon to respond to any complaints filed by the complainant; and
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 College's processing of the complaints filed on the Student's behalf;
b. the College's handling/investigation of the complaints filed on the Student's
behalf, including any notices to the parties;
c. the disciplinary hearing, including any notices to the parties;
d. appeals filed;
e. communications between the College and the Student (or anyone acting on her
behalf) regarding the accused person; and
f. communications regarding the accused person 's ability to return to the College
pending completion of the investigation.

 Page 6 of 6 - Case No. 02-14-2343
11. For academic years 2011-2012, 2012-2013, and 2013-2014 , a list of all complaints of
sexual assault filed by or on behalf of students at the College ' s campus.
12. For each complaint identified in Item 11, provide the following:
a. a detailed description of the complaint processing procedures employed ;
b. the length of the process;
c. the name(s) and title(s) of the person(s) responsible for investigating the
complaint ;
d. all actions taken by the College in response to the concerns raised;
e. the College' s final determination regarding the complaint , and any notice of the
findings provided to the complainant ; and
f. the sex of the complainant , accused person(s) , and witnesses.
13. The College ' s Student Code of Conduct and/or disciplinary policies and procedures,
including policies and procedures applicable to student athletes with respect to dismissal
and suspension from athletic practices, games and teams, as well as the College ' s policies
and procedures regarding maintaining athletic scholarships.
14. For academic years 2011 -2012, 2012-2013, and 2013-2014, a list of College basketball
team members (including the complainant) who engaged in behavior that was in violation
of the College ' s Student Code of Conduct and/or disciplinary policies during the past
three academic years. For each student listed, state: (a) the student ' s name; (b) date(s) and
description of the incident(s) or infraction(s); (c) the discipline imposed, including the
date(s) the discipline was imposed and the length of the discipline; if no discipline was
imposed state the reason why; (d) the name(s) and title(s) of the person(s) who
determined what, if any, discipline was imposed; (e) whether the student or anyone acting
on his or her behalf engaged in a protected activity; 1 and (e) all supporting
documentation , including but not limited to copies of all correspondence ,
investigative/law enforcement reports, memorandums, emails, meeting minutes.
15. Copies of any media maintained by the College regarding the alleged incidents of sexual
assault involving the Student and the accused person in March 2014 , and alleged
incidents of harassment and retaliation following the report of sexual assault, including
but not limited to, print outs of pages from the Facebook account of the Student, the
accused, and/or other members of the College community ; printouts of other social
media ; text messages , and College newspaper articles.
16. Any other information the College believes will assist OCR in this investigation.
17. The name, title, telephone number and electronic mail address for the College ' s
designated contact person( s) for this complaint.

1

A protected activity involves making a complaint, testifying , assisting or participating in any manner in an
investigation , proceeding or hearing under the regulations enforced by OCR or similar activities , such as advocating
for rights guaranteed by these regulations.