UN IT ED ST A TES DEP A RTM EN T OF E DU C ATIO N
OFFICE FOR C IV IL R IGHTS
32 OLD SLIP . 26TH FLOOR
NEW YORK , NEW Y ORK IOOOS

TIMOTHY C. J . BL ANC HA R D
D I RECTOR
NEW Y ORK OFFICE

November 14, 2014
Joan Hinde Stewart, Ph.D.
President
Hamilton College
Office of the President
198 College Hill Road
Clinton , New York 13323
Re:

Case No. 02-14-2438
Hamilton College

Dear Dr. Stewart:
On (b)(6),( b)(?)(C)
, the U.S. Department of Education , New York Office for Civil Rights
(OC
receive t e a ove-referenced complaint filed against Hamilton College (the College).
The complainant alleged that the College failed to respond promptly and equitably to complaints
of sexual violence of which it had notice, including complaints that she filed on or about
!(b)(6),(b)(7)(C)
and !(b)(6) ,(b)(7)(C) I, as well as complaints of harassment/retaliation
following her complaints of sexual assault ; and, as a result, she and other students were subjected
to a sexually hostile environment (Allegation 1). In addition, the comp lainant alleged that in
retaliation for filing her aforementioned complaints of sexual assault , the College: (a) required
her to sign non-retaliation and privacy forms to participate as the complainant in the grievanc e
process , on !(b)(6Ub)(7)(C) l; (b) discouraged her from participating in the College ' s Sexual
Assault Awareness Week , in or around April 2014 ; and, (c) directed her advisor to shred records
pertaining to an appea l/grievance hearing convened in November 2013, regarding her report of
sexual assault (Allegation 2). OCR has determined that the complainant's allegations are
appropriate for investigation.

l

OCR is responsible for enforcing Title IX of the Education Amendment s 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. § I00.7(e) of the regulation implementing Title VI, which provides that:

The Dep artm ent of Education's mission is to pr omote student achievement and pr ep arat ion for global compe titiveness by
fo stering edu cational ex cellence and ensuring equal access.

 Page 2 of 7 - Joan Hinde Stewart, Ph.D.

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.
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
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 allegations , in accordance with
the provisions of Article 111of 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.
The regulation implementing Title VI of the Civil 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.
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 enclosure to this letter entitled, "OCR Complaint Processing Procedures ," and
on OCR's website at http ://www2 .ed.gov/about/offices/list/oc r/docs/ocrcpm.htm l#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/l ist/ocr/docs/ocrcpm.html#III.

 Page 3 of 7 -Joan Hinde Stewart , Ph.D.
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 complain t 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 Jaw, 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 Letisha
Morgan , Senior Compliance Team Investigator , at (646) 428-3827 or letisha.morgan (@ed.gov ;
Ronald L. Scott , Compliance Team Attorney , at (646) 428-3820 or ronald.scott @ed.gov; or me ,
at (646) 428-3806 or felice.bowen@ed .gov .
Sincerely ,

<)QJAC€
.~A
Felice A. Bowen
Compliance Team Leader

 Page 4 of7 -- Joan Hinde Stewart, 

Data chuest
Case No. 02444433

Hamilton College (the College)
(the complainant)
Due Date. December 4, 2014

Please provide lhe following ileum/or academic years 2012-20I3. 2013-2014 and 2014-2015.
unless otherwise indicaled. or slam in writing Whether any reansled nmleriu! does not exisl:

 

1, For academic years 2012-2013, 2013-2014. and 2014-2015, copies of the College's
policies and procedures, and/or a description or its practices. governing the investigation
of complaints of harassment/assaultMolence on the basis of son include a detailed
description orthe complaint process, including each level pruccss. the length of the
process. and the types or records maintained (including how long such records are
retained). Also, provide the names and titles or the College's staff responsible for
handling complaints or on the basis ofscx, at each level of
the process.

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

3. Copies of publications that contain the College's nondiscrimination notices or website
link(s) for any electronic postings of the nondiscrimination notice; and, a list of campus
locations where the notice of nondiscrimination is physically posted. ifany.

4. For academic years 2012-2013, 2013-2014. and 20144015. copies of the College's
policies and procedures, and/or a description of its practices. goveming: disciplinary
or corrective actions that may be taken to address sexual by
students, employees. and third parties; and, the provision of services to the victims oi"
sexual ifany.

3. State whether the College conducts focus groups/meetings and/or holds informational
sessions with the student community women's groups. athletes, residential
assistants, fraternity and sorority leaders, etc.) and/or College staff regarding sludents'
rights under Title 1X, how to report possible violations of Title IX, and/or the College's
obligation to and equitably respond to Title IX complaints. It' so. provide the
dates of such events, a description ol' the attendees, and any materials presented and/or
distributed

6. The name. address, and telephone number of the College's designated Title IX
Coordinator(s). indicate the methodls) by which this information is disseminated to
students, employees, and third parties. Provide copies of all publications/websites that
contain this information.

Page 5 of 7 - Joan Hinde Stewart , Ph.D.

7. A detailed description of any training regarding sex discrimination , including sexual
harassment and sexual assault/violence , provided to the College ' s Title lX Coordinator(s)
and other College staff, including the College's Harassment and Sexual Misconduct
Board (HSMB) and the HSMB Hearing Committee. 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 complainant ' s report(s) of sexual assault , as
well as subsequent reports of harassment and retaliation made by or on behalf of the
complainant and other student witnesses , including but not limited to: a copy of any
written complaint(s) or record(s) of oral complaint(s), investigativ e reports , witness
statements, hearing transcripts, electron ic mail messages (emails), text messages,
telephone logs , and other correspondence.
9. A detailed description of the steps and actions the College took in response to each
complaint relating to the alleged sexual assault of the complainant , and each subsequent
complaint of alleged harassment and retaliation filed by or on behalf of the complainant
and other student witnesses , 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 , and the
appeal/grievance hearin g;
c. the timeline for completion of each stage of the investiga tion process, and the
appeal/grievance hearing;
d. the final outcome of all investigation(s) and appeal/grievance hearing(s), including
any final remedial measures;
e. the name(s) and title(s) of the College staff involved in the investigation and
appeal/grievance hearing processes;
f. the evidentiary standard applied by the College to determine the outcome of the
complainant ' s complaints, for all stages of the investigation and appeal/grievance
hearing;
g. the types of records maintained , and how long such records were retained ;
IX grievance procedures
and
sex
h. copies
of the
College's
Title
discrimination/harassment (including sexual assault and violence)/retaliation policies
and procedures relied upon to respond to any complaints filed by the complainant;
and ,
1.
the sex of the complainant, accused student(s) , and witnesses.
10. Copies of all documentation , including but not limited to, letters , emails, reports , notes ,
logs , meeting minutes , grievance hearing transcripts , discipline records , telephone

 Page 6 of 7 - Joan Hinde Stewart , Ph.D.
records , campus public safety records , and other external law enforcement agency
records related to:
a. the College ' s processing of the complaints filed by the complainant;
b. the College ' s handling/investigation of, or appeal/grievance hearing regardin g, the
complaints filed by the complainant , including any notices to the parties;
c. appeals filed ;
d. the appeal/grievanc e hearing , including any notices to the parties ;
e. communications between the College and the complainant (or anyone acting on
her behalf) regarding the accused student , as well as the accused student's
fraternity and the College ' s football team ; and,
f. communications regarding the accused student ' s standing at the College,
including his participation as a member of a fraternity and the College ' s football
team, pending completion of the investigation , and the appeal/gri evance hearing.
11. Copies of any media maintained by the College regarding the alleged incidents of sexual
assault involving the comp lainant and the accused student, and alleged incidents of
harassment and retaliation following the report of sexual assault , including but not
limited to, printouts of social media postings/email groups of the complainant and the
accused student , and/or other members of the College community , including members of
the accused student's fraternity and the College ' s football team.
12. State whether College personnel , including the Title IX Coordinator , required the
complainant to sign non-retaliation and privacy forms to participate in the grievance
process , as the complainant , on October 9, 2013. lf so, provide: (a) the name(s) and
title(s) of College personne l responsible for this decision; (b) the reason(s) for requiring
the complainant to sign these forms , as the complaining student; and, (c) copies of all
documentation related to this allegation, including, but not limited to: notes ; investigative
reports; memoranda ; witness statements , meeting minutes; and all other correspondence ,
including correspondence between the comp lainant and the College.
13. State whether the College personnel , including the Title IX Coordinator, directed the
comp lainant ' s advisor to shred records pertaining to an appeal/grievance hearing
convened in November 2013 regarding the complainant's report of sexual assault , of
which she became aware on May 17, 2014. If so, provide: (a) the date on which the
advisor shredded records pertaining to the appeal/grievance hearing; (b) the name(s) and
title(s) of College personne l responsible for this decision; (c) the reason(s) for requiring
the advisor to shred the records ; and, (c) copies of all documentation related to this
allegation , including , but not limited to: notes; investigative reports; memoranda; witness
statements , meeting minutes; and all other correspondence , including correspondence
between the complainant and the College.
14. State whether College personnel , including the Title IX Coordinator , discouraged the
complainant from participating in the College's Sexual Assault Awareness Week, in or
around April 2014. If so, provide: (a) the date on which the incident occurred; (b) the
name(s) and title(s) of College personne l responsible for this decision; (c) the reason(s)

 Page 7 of 7 - Joan Hinde Stewart , Ph.D.
for discouraging the complainant from participating; and , (c) copies of all documentation
related to this allegation, including , but not limited to: notes; investigative reports;
memoranda; witness statements , meeting minutes; and all other correspondence ,
including correspondence between the complainant and the College.
15. A copy of the comp lainant's academic transcript.
16. For academ ic years 2012-2013 , 2013-2014 , and 2014-2015 , a list of all complaints of
sexual assault filed by or on behalf of students at the College ' s campus.
17. For each complaint identified in Item 16, 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;
f. the types of records maintained , and how long such records were retained; and,
g. the sex of the complainant , accused person(s) , and witnesses.
18. Copies of all other documentation relevant to the allegations raised in this complaint ,
including: notes , complaints filed by the complainant or on her beha lf, investigative
reports , memoranda, witness statements , meeting minutes , and all other correspondence ,
including correspondence with the complainant or on her behalf.
19. Any other information the College believes would assist OCR in this investigation.
20. The name , title, telephone number , and email address of the College's designated contact
person for this complaint.

 UNI T ED STATES

DEPARTMENT

OF EDUCATI O N

OFFICE FOR CIVIL RIGHTS
32 OLD SLIP, 26 rn FLOOR
NEW YORK , NEW YORK 10005

TIMOTHY C. J. BLANCHARD
DIRECTOR
NEW YORK OFFICE

November 14, 2014
(b)(6),(b)(7)(C)

Re:

Case No. 02-14-2438
Hamilton College

DearH~,(6),(b)(7)

!:

!,

On j(b}(6}
,(b}(7)(C)
the U.S. Department of Educat ion, New York Office for Civil Rights
(OCR) received the above-referenced complaint you filed against Hamilton College (the
College). You alleged that the College failed to respond promptly and equitably to complaints of
~olence
of which it had notice, including complaints that you filed on or about l(b)(6),(b) I
~'
and !(b}(6}
,(b}(7)(C) I,as well as complaints of harassment/retaliation following your
complaints of sexual assault; and, as a result , you and other students were subjected to a sexually
hostile environment (Allegation 1). In addition , you alleged that in retaliation for filing your
aforementioned complaints of sexual assault , the College: (a) required you to sign non-retaliation
and privacy forms to participate as the complainant in the grievance process, on l(b}(6),(b}(7)(C) !;
(b) discoura ed ou from participating in the College ' s Sexual Assault Aware ness Week, in or
around (b)(6),(b)(7)( and , (c) directed our advisor to shred records pertaining to an
appeal/grievance hearing convened in (b}(6}
,(b}(7)(C) , regarding your report of sexua l assault
(Allegation 2).
Based on the information you provided in your complaint , in electronic mail (email)
correspondence with OCR staff, and in documentation submitted, OCR has determined that your
allegations are 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 U.S. Department of Education (the Department). The College is a recipient
of financia l assistance from the Department. Therefore, OCR has jurisdictional authority to
investi gate this complaint under Title IX.

The Departm ent of Education' s mission is to promote student achievement and preparation for global competitiveness by
fostering educational excellence and ensuring equal acc ess.

 The regulation implementing Title IX, at 34 C.F.R. 106.71, incorporates by reference 34
C.F.R. 100.7(e) ofthe 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,
testit'ted. 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 limely
manner, it is opening your 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
merits. During the investigation, OCR is a neutral fact-finder, collecting and analyzing relevant
evidence from you. the recipient, and other sources, as appropriate, OCR will ensure that its
investigation is legally sutt'tcicnt and is dispositive of the allegations, in accordance with the
provisions of Article of OCR's Core 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
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 website at 

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 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, Complaint Processing Procedures," which was
enclosed with previous letter to you, acknowledging your complaint. This information is
also on OCR's website at 

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 oflnformation 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 expecth to constitute an unwarranted invasion of personal
privacy.

OCR will communicate with you periodically regarding the status of your complaint. If you are
interested in resolving your complaint through OCR's ECR process or have any questions, please

coniacl Lelisha Morgan, Senior Compliance Team Invesngazur, at (645) 4234827 or

lelisha.morvan@cd, rov: Ronald L. Scott, Compliance Team Altumeyj at (646) 428-3820 or
nmald'scoll'zkdxuv: or me. al (646) 4284806 or 

Sincerely.

WCLAW

Felicc A. Bowen
Compliance Team Leader