l ;N IT ED STATf.S DEPA RTMENT OF EDUCATION OH !Cl FOR CI V IL Rl0H TS J~ 0 1.1) SI.I P. 2( , 11• FLOOR N EW YO Rt,,., !\ PW YOR K !O(JrJ~ ' . ,I. B l.A i'o('IIARO D IREC T O R MW YORK OF!-J ( I-' T I MOT HY( May 12. 2016 Nonrespo nsive Re: Case No. 02-16-2178 State Universitv of ew York at Buffalo Dear!Nonresp ons1 ve On March 31, 2016, the U.S. Department of Education, New York Office for Civil Rights (OCR) received the above-referenced complaint you filed against the State Univers ity of New York at Ruffalo (the University). You alleged that the University discriminated against you. on the basis of vour sex. by failin to res ond a ropriately to report _ofsexual assau)t made t.o the : . • N . s,ve University s onrespons,ve m or around I onrespon an d as; a result, yo~ we~e subj~c:ed to a sex~ally hos~ile enviroru:i~nt (Allegation l ). You also _a11r;1Hhat Umvers1tv admm s r ·· · ou for hlmg a report of sexual assault with . and with an Nonrespons, ve v notifying you that it could bring disciplinary action against you for (bl( Al Nonresp ons,v e in or around !Nonresponsive kAllegatio n 2); and ..possibly'' not thoroughly investigating concerns you raised about retaliation by the accused and his friends (Allegation 3). Based on infonnation provided in your complaint, in correspondence you sent to OCR, and during a telephone interview with OCR staff on April 13, 2016, OCR determined that Allegation s l and 2 are appropriate for investigation. However. OCR determined that Allegation 3 is not appropriale for investigation for the reasons set forth below. rou In analyzing whether retaliation oc<.:urred , OCR must first detennin e: ( l) whether the complainant engaged in a protected activity: (2) whether the recipient was aware of the complainant's protected activity; (3) whether the complainantiinjured party suffered an adverse action contemporaneous with, or subsequent to, the recipient' s learning of the complainant' s involvement in the protected activity: and (4) whether there is a causal conm:l:lion between the protected activity and the adverse action from \vhich a retaliatory motivation reasonably may be inferred. When there is evidence of all four elements, OCR then determines whether the recipient has a legitimate, non-retaliatory reason for the challenged action or whether the reason adduced by the recipient is a pretext to hide its retaliatory motivation. Th,;,Department of Educa tion's miss ion is 10 pr nmoie s tudent achieve ment and preparauon for g loba l competitil ·eness by f nstermg ed11ca: 1io11 a l exceJ/encl' and e11suri ,1g equal access. l~onresponsive Page 2 o f 4 - ~- With respect to Allegation 3, you alleged that University administrators retaliated against you for filing a report of sexual assault with UPD and ·with an ADA, by ..possibl y" not thoroughly investigating concerns you raised about retaliation by the accused and his friends. Specifically , yo u alleged that you fear that the University may not thoroughly investigate the concerns you raised regarding retaliation because you reported the sexual assault to UPD and the ADA. You alleged that yo u en a ed_in >rulCCl d acti vi · when you reported the alleged sexual assault and to the ADA. You further alleged that the to lJPD in or aroun Nonrespons,ve Univer sity was aware o 1s pro ecte activity. However, you provided no information from which OCR could infer that you suffered any adverse action with respect to Allegation 3. OCR defines an adverse action as an action that adversely affects a person' s education, work or wellbeing in an unwarranted , serio us , lasting, and usually tangible manner, i.e., something that is more than a transient, unpleasant incident. You provided no information 10 indicate that you r fear that the ·u niversit y may not thoroughly investigate concerns you raised about retaliation affected you in any unwarranted, serious , lasting or tangible manner ; and you provided no information to indicate that the University has not or will not investigate the concerns you raised regarding the alleged retaliation. 1 Jn the absence of any adverse action , OCR will not proc eed further with the retaliation analysis. Acco rdingly, OCR will take no further action with respect to Allegation 3, and has dismissed it as of the date of this Jetter. As stated above, OCR will investigate Allegations 1 and 2. OCR is responsible for enforcing Title lX of the Education Amendments of 1972 (Title IX), as ame nded , 20 U.S.C.§ 1681 et~- , and its implementing regulation at 34 C.F.R. Part 106, which prohibit dis criminat ion on the basi s 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 Depanmtjnt. Therefo re, OCR has jurisdictional authorit y to investigate this complaint under Title IX. The regulation implementing Title lX, at 34 C.F.R .§ 106.7!, incorporates by refe rence 34 C.F .R.§ 100.7(e) of the regulation implementing Title VI of the Civil Righ ts Act of 1964, 42 U.S.C . § 2000d ct seq,,, which provide s that: No recipient or other person shall intimidat e, threaten. coerce or discriminate against any individual for the purpo se of interf ering ·with any right or privilege secured by regulation s 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 jLtris diction and that the complaint was filed in a timely mariner, it is opening Allegations l and 2 for investigation. Please note that opening these allegations for investigation in no way implie s that OCR has made a determination with regard to their merit s. During the inves tigation . OCR is a neutral fact-finder , collecting and analyzing 1 Any assertio n that the University may fail to thoroughl y investigate yo ur concerns regarding possible retaliation for complain in~ of the alleged sexual assault is speculative . Additionally , OCR 's investigation of Allegation I will address the Uniw rs,ry's response to any alleged retaliat ion again st you for complai11ing of the alleged sexual assault. . tNonr esponsive Page 3 ot 4 1 '-----------....1 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, m accordance with the provisions of Article Ill of OCR 's Case Processing Manual. OCR ' s goal is the prompt and appropriate resolution of the allegations contained in a complaint. OCR offers. when approp riate , an Early Complaint Resolution (ECR) process, simi lar to mediati on, to facilitate the voluntary resolULi on of t.:omplaintsby pro viding an early opportunity for the parti es involved to resolve the allegation(s). Some information about the ECR process is contained in the publication , ·-ocRCompla int Proces sing Procedures ;· which was enclosed with OCR's previous letter to you acknowledging your complaint. This information is also on OCR's websit e at http://ww\\ '2.cd .g,ov'about 1t)fficcs!listlocridocs/ocrcpm .hrml#II. Also, when appropriate , a complaint may be resol ved before the conclusion of an invest igation after the recipient expresses an interest to OCR to resolve the complaint. In such cases. OCR obtains a resolution agre ement signed by the recipient. This agreement mu st 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 publication . '·OCR Compla int Processing Procedures ,'· which was enclosed with OCR 's previous letter to you acknowledging your complaint. This inforrnation is also on OCR 's wc:bsite at http://w\\ w2.ed.l!.ov/about /o nices /list/ocr/docs/ocrcpm.html; !1JI. This letter sets forth OCR 's determination in an individual OCR case. This letter is not a fonnal statement of OCR policy and should not be relied upon. cited , or construed as such. OCR ' s formal poli cy state ments are appro ved by a duly authori zed OCR official and made avai lable to the public . You may have the right to file a private suit in federal court whether o r not OCR finds a violation. Please be advised that the Univer sity 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 complai nt alleging such treatment. Under the Freedom of In format.ion Act, it may be necessary to release this document and related correspondence and records upon request. In the event that OCR receiv es such a reque st, it will seek to protect . to the extent provided hy law , personall y identifiable information that, if released , cou ld reasonabl y be expected lo constitute an unwarrant ed invas ion of personal pn vacy . Page 4 of 4 - rL._on-re_ s_pa_n_s,_v e______ _. OCR will communicate with you periodically regarding the status of your complaint. In the interim, if you have any questions. please contact Lauren Numeroff, Compliance Team Attorney, at (646) 428-3895 or lauren.numeroff:_or Anna Moretto Cramer. Compliance Team Attorney, at (646) 428-3826 or anna.rnoretto.cramer'.(/·cd.gov. Sincerely, E~ Compliance Tcam Leader UNITED STATE S l>F.J'ARTME NT OF 1WliC ATI01' O Ff lCI· I OR C IVIL RI Girt S }2 () ID !:.11 1', 26TII Fl OOR ,\ I.W YORK , N I.W YORK l (JIJ05 C. J . II LA D1Rl: C 10R N l-'W YO IO, Of 1-l ('F T l~IOTIIY "I ( 11 ·\ 1{0 ~1ay 12. 2016 Satish K. Tripathi. Ph .D . President State Universit y of New York at Buffal o Office of the President 50 l Capen Hall Buffalo , New York 14260 Re: Case No. 02-16-2178 State Uni vers ity of New York at Buffalo Dear Dr. Tri pathi : On March 3L 20 16. the U.S. Department of Educatio n , New York Office for Civil Rights (OCR) received the above -refer enced complaint filed against the State University of New York at Buffalo (the University). The complainant alleged that the University discriminated agai nst her , maJ~ On the basis Of her SCX b ' faiJin to re S Ond appropriate 10 3 CC'OC)rt of sexua) assault . ' . . NonresponsJVe to the Univers ity's Nonrespons,ve m or aroun and as a re sult, she was subj ected to a sexual ly hostile environme nt (Allegation 1). The complai nant also Unive rsitY, · · · · t her for tiling a report of sexual assault alleg · her that 1t · cou Id hrmg · wit. h Nonres onsiv an d Wl'th Nonresponsive • bv not1'f ymg in or around !Nonresponsive !(Allegation discip mary action against er or (bl( >< ).Nonresponsive 2). OCR determined that these alleganon s are appropnate tor investi gation. Id re OCR is responsible for enfor cing Title IX of the Education Amendments of 1972 (Title IX), as amended . 20 U.S.C. § 1681 et~. , 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 assi stance from the U.S. Department of Education (the Departm ent). The Universit y is a recipient of financial ass istance from the Department. Therefore , OCR has juri sdictional aut horit y to in vestigate this comp laint under Title IX. The regulation implementing Title lX, at 34 C.F .R. § l 06. 71, incorpora tes by reference 34 C.F.R . § 100.7(e) of the regulation implementing Title VI of the Civi l Rights Act of 1964 (Title VI), 42 U.S.C. § 2000d et seq ., which provides that: No recipient or other person shall intimidate , threaten , coerce or di scriminate against any individual for tbe purp ose of interferin g with any right or privilege The Depar tm enr of f,,d' ucmion's mission ,s 10 promult' stu~enr ac hiel'cme111and prepara tion for global compet itivenes~ by {ostenn}; 1:d1< cauo 11a l e ~ct'J/er1ce and ensurmg equal 11 cccs.,. Page 2 of 7 - Dr. Satish K. Tripathi. President secured by regulations enforced by OCR or because one has made a complaint, testified , assisted or participated in any manner in an inves tigation , proceeding or hearing held in connection with a complaint. Because OCR has det ermined that it has j urisdiction 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 implie s that OCR has made a determination with regard to their merit. During the inves tigation, OCR is a neutral fact-finder, collecting and analy zing relevant evidence from the complainant, the recipient , and other sources, as appropriate. OCR will ensure that its investigation is legall y sufficient and is dispositi vc of the allegations, in accordance with the provisions of Article HI of OCR· s Case Processing Manual. Enclosed is a document entitled provide you with an overview process. OCR will collect only proper precautions to protect the ··OCR Complaint Processing Procedures.'' This document wi ll of OCR's complaim evaluation, investigation. and resolut ion material needed to investigate this complaint and will take all 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 thi s letter, you provide to OCR the information listed on the enclosed data request. If OCR doe s not receive the data in a timely rnaru1er. OCR may conduct a site visit to obtain the data. The regulation implementing Title VI , at 34 C.F. R. § l 00.6(b) and (c), requires that a recipient of federal financial assistance make available to OCR information that ma y be necessar y for it to determine whether a recipient is in compliance with the regulation s it enforces. This requirement is incorporated by reference in the regulation implementin g Title IX, at 34 C.F.R. § 106.71. This information also is being requested pursuant to 34 C .F.R. § 99.3 l (a)(3)(ii i). OCR's goal is the prompt and appropriate resolution of the allegations contained in a co mplaint. OCR offers, when appropriate. an Early Complaint Resolution (EC R) process. simi lar to mediation , to facilitate the voluntary resolution of complaints by pro viding an early opportunity for the partie s involved to resolve the allegation(s). Some informati on about the ECR process is in the enclosure to this letter entitled , ..OCR Complaint Processing Procedures ," and on OCR's website at http ://www2.cd .!!ov/about/offices /list/oc r/docs/ocrcpm. html # !L Also, when appropriate, a complaint may be reso lved before the conclusion of an invest igatio n after the recipient expresses an inter est to OCR to resolve the complaint. ln such cases, OCR obtains a resolution agreement signed by the recipient. This agreement mu st be aligne d with the complaint allegations or the information obtained during the investigation , and it must be consistent with applicable regulation s. Additional information about this voluntary resolution proces s may be found in the enclo sure entitled, ·'OCR Compla int Proce ssing Procedures: ' and on OCR 's website at http :/1\\,W\-\2.cd.go\'/abou t/0ffic\!s'lisuocr/docst0crcpm.html # llJ. Please be advised that the Universit y may not harass, coerce , intimidate, or discriminate agai nst any indi vidual becau se he or she has filed a complaint or participated in the complaint resolut ion process. If this happen s, the complainant may file another complaint alleging such treatment. Page 3 of 7 - Dr. Satish K. Tripathi. President Under the Freedom of Information Act, it may be necessary to rdease 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 infonnation that, if released, could reasonably be expected to constitute an unwarranted invasion of personal privacy. OCR staff will contact you to discuss the allegations and the complaint resolution process. If you have any questions, please contact Lauren Numeroff, Compliance Team Attorney , at (646) 428-3895 or laurcn.numeroff: or Anna Moreno Cramer. Compliance Team Attorney, at (646) 428-3826 or anna.mor~tto.cramcr~:cd.gO\. Sincerely. ~'(Jc) ~ily-;.-r~ gos Compliance Team Leader Encl. Page 4 of 7 - Dr. Satish K. Tripathi, President Data Request OCR Case No. 02-16-2178 j Nonresponsive !(the complainant) R F.SPONSE DUE: JUNE 1, 2016 Please provide the following information for academic year 2015-2016, unless otherwise indicated. or indicate in writine:if any reouested items do not exist. 1 (b)( / )(A) 1 If any of Ihe requested items have been submitted to OCR in connection with another investigation, and have not changed since submitred, the University need not re-submit the items. Rather. please specify the exact information submitted . the date submitted, and the relevant OCR case number. Page 5 of 7 Dr. Salish K. Tripathi, President (MWXA) Page 6 of 7 Dr. Satish K. Tripathi. President Page 7 of7~?Dr. Satish K. Tripathi, President