UN ITED STATES DEPARTME NT OF EDUCATIO

N

OFFICE FOR CI V I L RIGHTS
32 OLD SLIP. 26 m FLOOR
NE W YORK , NE W YORK 10005

TI M OTHY C. J. BLA N C H A RD
DIRECTOR
NEW YORK OFFIC E

December 11, 2014
(b)(6), (b )(7)(C)

Re:

Case No. 02-14-2439
Canisius College

Cb}
Cl:
Dear l<b}C6}
On l(b)(6),(b)(7)(C)
J, the U.S. Department of Education, New York Office for Civil Rights
(OCR) received the above-referenced complaint you filed against Canisius College (the Colle e .
You alleged that the College failed to respond appropriately to a complaint you made in (b)(6),
II§:[],alleging that another Colle e student (Student 2) sexually assaulted you while you were in
(Allegation 1). You also alleged that the College retaliated
Paris, France, on (b)(6) ,(b)(7)(C)
against you for filing that complaint by failing to tak,$,..~.wopriate measures to ensure that you
semester (Allegation 2). OCR has
did not have classes with Student 2 during the fall~
determined that your allegat ions are appropriate for investigation. OCR has determined that it
will also investigate whether the College failed to respond promptly and equitably to reports
and/or incidents of sexual violence of which it had notice; and, as a result, students , including
you, were subjected to a sexually hostile environment (Allegation 3).
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.
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 of the Civil Rights Act of 1964, 42 U.S.C. §
2000d et seq., 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
hearing held in connection with a complaint.

The Department of Education's mission is to promote studen t achieve111
e111and pr eparati on for globa l comp etitiveness by
fos tering educa tional excellence and ensuring equal access.

 Page 2 on 

Because OCR has determined that it has jurisdiction and that the allegations were filed in a
timely manner, it is opening the allegations for investigation. Please note that opening the
allegations for investigation in no way implies that OCR has made a with regard to
their merits. During the investigation, OCR is a neutral fact-finders collecting and analyzing
relevant evidence from the complainantt 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 ofArticle Ill ofOCR's Case Processing Manual.

OCR's goal is the prompt and appropriate resolution of the allegation 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 ours previous letter to you acknowledging your complaint. This information is
also on OCR's website at m.html#ll.

   

Also. when appropriate, a complaint may be before the conclusion ofan investigation
afier the recipient expresses an interest to OCR to resolve the complaints In such cases, OCR
obtains a resolution agreement signed by the recipient. This agreement must 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 Proecdurcs", 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 may not harass, coerce, intimidate, or discriminate against any
individual because hc or she has filed a complaint or participated in the complaint resolution
process. 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.

OCR stair will contact you to discuss the complaint resolution process In the interim, if you
have any questions, please contact John Collins, Senior Compliance Team Attorney, at (646)
423-3310 or 'ohnrcollinsfi'tedgo or Ryan Milligan, Compliance Team Anomcy, at (on) 289-
0189 or vov.

Sincerely.

5%

Erin Emery 
Compliance Team Leader

U N ITED ST A T ES D EPART M E NT OF ED UC ATIO N
OFFICE FOR CIVI L RIGHTS
32 OLD SLIP, 26 TH FLOOR
NEW YORK. NEW YORK 10005

T I:\'IOTIIY C . J . BLANC HA RD
DIRECTOR
NEW YORK OFF IC E

December 11, 2014
John J. Hurley
President
Canisius College
2001 Main Street
Buffalo , New York 14208-1098
Re:

Case No. 02-14 -2439
Canisius College

Dear President Hurley:

!,

On !(b)(6),(b)(7)(C)
the U.S. Department of Education , New York Office for Civil Rights
(OCR) received the above -referenced complaint filed against Canisius College (the College).
The complainant alleged that the College failed to respond appropriately to a complaint she made
in J(b)(6),(b)(7H, alleging that another College student (Student 2) sexually assaulted her while she
was in Paris , France, on !(b)(62i(b)(~)(C) I(Allegation 1). The complainant also alleged that the
College retaliated against her for filing that complaint by failing to take appropriate measures to
semester (Allegation 2).
ensure that she did not have classes with Student 2 during the fall
OCR has determined that these allegations are appropriate for investigation.
OCR has
determined that it will also investigate whether the College failed to respond promptly and
equitab ly 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 3).

!ill

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.
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 of the Civil Rights Act of 1964, 42 U.S.C. §
2000d et seq ., which provides that:
No recipient or other person shall intimidate , threaten , coerce or discriminate
against any individual for the purpose of interferin g with any right or privilege
secured by regulations enforced by OCR or because one has made a complaint ,

The Departme nt of Educa tion's miss ion is to promo te student achievement and p reparation /o r g lobal competi tiveness by
fostering ed11catio11al excellence and ensuring equa l access .

 Page 2 of 6 - John J. Hurley, President
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 the 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 III 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.
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. § 106.71. This information also is being
requested pursuant to 34 C.F.R. § 99.3 I(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 Procedures ," and on OCR' s
website at http://www2.ed.gov/about/offices/list/ocr/docs /ocrcpm.html #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 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 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.

 Page 3 of 6 - John J. Hurley, President
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 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 complaint
resolution process. In the interim, if you have any questions , please contact John Collins ,
Compliance Team Attorney, at (646) 428-3810 or john.collins@ed.gov; or Ryan Milligan ,
Compliance Team Attorney, at (617) 289-0189 or ryan.milligan@ed.gov .
Sincerely,

Erin Emery
Compliance Team Leader

Encl.

 Page 4 of 6 -- John J. Hurley, President

Data Request
OCR Case No. 02-14-2439

_(the Complainant)

Canisius College (the College)

RESPONSE DUE December 2014

Please provide lhe following l'lEmA' fi7l' academic yem'x 2012-2013, 2013-2014. 1sz 2014.201:
tin/Ed's Ulhenllise indicated, or slam in wriling ttrhulhcl- any l'cqucxled malerial duet exist-

1.

A copy of the College's policies and procedures, and/or a description of its practices,
governing the investigation of complaints of harassment on the basis of sex in academic
years 2012-2013, 20l3-20l4 and 20144015. 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 of harassment/assault on the basis of sex, at each
level of the process.

An explanation of the means by which the College infon'ned students, parents and
employees of the policies and procedures referred to in Item 1, above. Submit copies at
all materials disseminated.

Copies of publications that contain the College'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, ifnny.

Copies of the College's policies and procedures, and/or a description of its practices in
cn'ect during academic years 2012-2013, 2013-2014 and 201472015, governing: 
disciplinary or corrective actions that may be taken to address sexual harassment/assault
by students; 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, 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
University'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/0r distributed.

The name, office address, and telephone number ofthe College's Title IX Coordinator(s).
indicate the method(s) by which this infomiation is disseminated to students and
employees. Provide copies ofall publications/Websites that contain this information.

Page 5 of 6 - John J. Hurley, President
7. A detailed description of any training regarding sex discrimination , including sexual
harassment and sexual assault , provided to the College ' s Title IX Coordinator(s) and
other College 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
correspondenc e.
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 Complainant , 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;
g. the evidentiary standard applied by the College to determine the outcome of the
Complainant's complaints ; and
h. copies of the College ' s Title IX gnevance procedures and sex
discrimination/harassment (including sexual assault) policies and procedures
relied upon to respond to any complaints filed by the Complainant.
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 by the Complainant , or on the
Complainant ' s behalf ;
b) the College'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 College and the Complainant (or anyone acting on
her behalf) regarding the accused student; and
f) communications regarding the accused student ' s standing at the College pending
completion of the investigation.

 Page 6 of 6 - John J. Hurley, President

11. Copies of any media maintained by the College 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 Face book accounts of the Complainant , the
accused , and/or other members of the College 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 College
during academic years 2012-2013 , 2013-2014 and 2014-2015.
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 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. 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 College believes will assist OCR in this investigation.
15. The name, title, telephone number and electronic mail address for the College's
designated contact person(s) for this complaint.