UNITED STATES DEPART M ENT OF EDUCATIO OFFICE FOR CIVIL RIGHTS 32 OLD SLIP. 26m FLOOR N N EW YORK . NE W YORK 10005 C. J. BL ,\;'; C II ARD DIR ECTOR NEW YORK OFFICE TIMOTHY March 26 , 2015 (b)(6) , (b)(7)(C) Re: Case No. 02-15-2085 State University of New York - Buffalo State College Dear (b )(6), (b )(7)(C) On !(b}(6} ,(b}(7)(C) I, the U.S. Department of Education , New York Office for Civil Rights (OCR) received the above-referenced complaint that you filed against the State University of New York (SUNY)- Buffalo State College (the College). You alleged that the Colle e failed to ~nd promptly and equitably to the report of sexual assault that you made on (b)(6) ,(b)(7) ~ . thereby subjecting you to a sexually hostile environment. OCR has determined that your allegation is appropriate for investigation. OCR is responsible for enforcing Title lX 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. Because OCR has determined that it has jurisdiction and that the complaint was filed in a timely manner , it is opening your allegation for investigation. Please note that opening the allegation for investigation in no way implies that OCR has made a determination with regard to its merit. 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 sufficient and is dispositive of the allegation , in accordance with the provisions of Article III 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 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 711e Deparrmem of Education's mission is to pro111ot e srude11tachieve111 e111 and preparation for global competitiveness by f ostering educational excellence and ensuring equal access. I'asezorzr-- contained in the publication entitled. Complaint processing Procedures," which was enclosed with 0cm- previous letter to you acknowledging your complaint. This information is also on OCR's website at m.l1tml#ll. 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. Complaint Processing Procedures," which was enclosed with OCR's previous letter to your acknowledging your complaint. This information is also on OCR's website at Please be advised that 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 pnvacy. 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 Contact Letisha Morgans Senior Compliance Team Investigator. at (646) 428-3827 or letisha,morgan tDed. tov; or. Joy M, Purcell, Compliance Team Attomey. at (646) 428-3766 or 'ovpurcell'aiedgov. who 430w>> Felice A, Bowen Compliance Team Leader UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 32 OLD SLIP . 26TH FLOOR N EW YORK. NEW YORK I 0005 Tli\lOT II Y C .. J. BLA:',C HAR D DIR ECTO R NE W YORK O FF IC E March 26, 2015 Katherine S. Conway-Turner , Ph.D. President State University of New York, Buffalo State College 1300 Elmwood A venue Buffalo , New York 14222 Re: Case No. 02-15-2085 State University of New York - Buffalo State College Dear President Conway-Turner: On l(b)(6},(b)(7)(C) I, the U.S. Department of Education , New York Office for Civil Rights (OCR) received the above-referenced complaint filed against the State University of New York (SUNY) Buffalo State College (the College). The complainant alleged that the College failed to respond promptly and equitably to the report of sexual assault that she made on !(b)(6} ,(b)(7)(C) I, thereby subjecting her to a sexually hostile environment. OCR has determined that this allegation is 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 implement ing regulation at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in programs and activities receiving financ ial 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. Because OCR has determined that it has jurisdiction and that the complaint was filed in a timely manner , it is opening this allegation for investigation. Please note that openjng the allegation for investigation in no way implies that OCR has made a detennination with regard to its merit. 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 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 Depa rtment of Educat ion's missio n is to pr omote student achievement and prepara tion fo r global compe 1itive11essby fostering educariona l excellence and ens uring equal access. Page 2 of 5 - Katherine S. Conway-Turner , Ph.D. 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 is also being requested pursuant to 34 C.F.R. § 99.31(a)(3)(iii). Please submit the information listed on the enclosed data reques t 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/ocr /docs/ocrcpm .html# II. Also , when appropriate , a complaint may be resolved before the conclusion of an investigation after the recipi ent 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/oc r/docs/ocrcpm .html#l1I. 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 Letisha Morgan , Senior Compliance Team Investigator , at (646) 428-3827 or letisha .morgan @ed .gov; or, Joy M. Purcell , Compliance Team Attorney , at (646) 428-3766 or joy.purcell @ed.gov . Sincerely , 9f»iceA~ Felice A. Bowen Compliance Team Leader Page 3 Dis 7 Katherine S. Conway-Tumer. Flame [trnvide the fnllowing iIL'Im'fm' academic year 20/ in writing \t'hL'th'l' (my I'L'quet'le'd umterl'al 11th not ex a or Data Regucst Case No. 02-15-2085 SUNY Buffalo State College (the College) --tnc complainant) pril 15,2015 . Imluxs' [ridiculed ar .s'lult: Copies ottlie College's policies and procedures. and/or a description ofits practices. goveming the investigation of complaints of on the basis of sex. Include a detailed description of the complaint process. ncluding each level ortlie process. the length of the process. and the types or records maintained (including how long such records are retained). Also, provide the names and titles ofthc College's staff responsible for handling complaints of harassment/assault/violence on the basis of sex, at each level of the process. An explanation or the means by which the College informed students. parents. employees, and third parties. orthe policies and procedures referred to in item i, above. Submit cupics of all materials disseminated. Copies of publications that contain the College's nondiscrimination notice, or website link(s) ror any electronic postings or the nondiscrimination notice; and, a list of campus locations where the notice ornondiserimination is physically posted. itany. Copies of the College's policies and procedures. and/ctr a description of its practices, gtweming: disciplinary or corrective actions that may be taken to address sexual harassment/assault/violence by students, employees, and third parties; and, the provision or services to the victims otsexunl it'any. The name. otiice address. and telephone number or the College's designated Title IX Coordinator(s), Indicate the melhod(s) by which this information is disseminated to students, employees, and third parties. Provide copies of all publications/websites that contain this Copies of all documentation related to the complainant's of sexual assault. as well as subsequent or harassment and/or retaliation made by or on behali'of the complainant including but not limited to: a copy or any written or record(s) or oral investigative reports. witness statements. hearing transcripts, electronic mail messages (emails). text messages. telephone logs, and other correspondence, detailed description of the steps and actions the College took in response to each ration/complaint relating to the alleged sexual assault of the complainant, and each subsequent report/complaint or alleged harassment and retaliation filed by or on behalf of the complainant. including: Page 4 of 5 - Katherine S. Conway-Turner , Ph.D. a. a description of the procedures employed by the College to investigate the complaints ; b . a description of interim remedial measures (academic , athletic , or other) provided by the College to the complainant during the pendency of the investigation , and any appeal/grievance hearing ; c. the timeline for completion of each stage of the investigation process, and any appeal/grievance hearing ; d. the final outcome of all investigation(s) and any 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 any appeal/grievance hearing proce sses; f the evidentiary standard applied by the College to determine the outcome of the complainant ' s report(s)/complaint(s) , for all stages of the inves tigation and any appeal/grievance hearing; g. the types of records maintained , and how long such records were retained ; procedures and sex h. copies of the College ' s Title IX · grievance 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. 8. Copies of all documentation , including but not limited to, letters , emails , reports , notes, Jogs, meeting minutes , grievance hearing transcripts , discipline records , telephone records , campus public safe ty records , and other external law enforcement agency records relat ed to: a. the College ' s processing of the report(s) /co mplaint(s) filed by the complainant; b . the College ' s handling/investigation of, or any appeal/grievance hearing regarding the report(s) /comp laint(s) filed by the complainant , including any notices to the parties ; c. appeals filed ; d. the appeal/grievance hearing , including any notices to the parties; e. cormnunications between the College and the complainant (or anyone acting on her behalf) regarding the accused student ; f. co1mnunications between the College , athletic department personnel/staff/athletic team memb ers, and/or the complainant; and , g. communications regarding the accused student ' s standing at the College , pending completion of the investigation , and the appeal/grievance hearing. 9. Copies of any media maintained by the College regarding the alleged incident of sexual assault involving the complainant 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. l 0. A copy of the complainant ' s academic transcript. 11. Copies of all other documentation relevant to the allegation raised in this complaint , including: notes , report(s)/complaint(s) filed by the complainant or on her behalf, invest igative reports, Page 5 of 5 - Katherine S. Conway-Turner, Ph.D. memoranda , witness statements , meeting minutes , and all other correspondence , including correspondence with the complainant or on her behalf. 12. Any other information the College believes would assist OCR in this investigation. 13. The name , title, telephone number , and email address of the College ' s designated contact person for this complaint.