UNITED STATES DEPARTMENT OF EDUCATIO N OFF I CE FOR CIVIL RI G HT S 32 OLD SLIP, 26THFLOOR NEW YORK . NEW YOR K 10005 TIMOTHY C. J. BLA N CHARD DIRECTOR NEW YORK OFFICE September 14, 2015 (b )(6), (b )(7)(C) Re : Case No. 02-15-2415 Universidad de Puerto Rico - Rio Piedras Campus Dear !(b)(6),(b)(7)(C) l: 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 you filed against the Universidad de Puerto Rico - Rio Piedras Campus (the University). You alleged that the University failed to respond promptly and equitably to a complaint of sexual assault that you fi led against a professor of the University's Sch?ol o~ Ar~hitecture on 1~~~(6),(b)(7) OCR has determined that your allegation is appropriate for mvest1gat1on. 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 Educat ion (the Department). The University is a recipient of financial assistance from the Department. Therefore , OCR has jurisdictional authority to investigate this compla int 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 opening this allegation for investigation in no way implies that OCR has made a determ ination 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 investigat ion 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 contained in the publication entitled, "OCR Compla int Processing Procedures ," which was fhtt Dt!pt1 rlmrmlof /;;tl1t1w1trm1a 1111 1Jsion ts to promotttst11dtt nl achittvttmttnt and f)l'f!f}(trat/011 /ur globol compt1titlvemtasby /oaff!l'lng t!tl.t1tJt1 1/ona/ l!XtJf!/l f!1Wf! ontl ttnvuring f!q110/ flt!Ctl.fS , Page 2 of2-0CR Case No. 02-15-2415 enclosed with OCR 's previous letter to you acknowledging your complaint. This information is also on OCR's website at http:// www2 .ed.gov/about/offices/list/ocr/docs/ocrcpm.html #II. Also, when appropri ate, 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, acknowledg ing your comp laint. This information is also on OCR's website ath ttp://\vww? .ed.gov/about/offices/list/ocr/docs/ocrcpm.html #lll. Please be advised that the University 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 compla int 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, personall y identifiable information, which, if released, could reasonably be expected to constitute an unwarranted invasion of personal pnvac y. OCR will communic ate with you periodically regarding the status of your complaint. In the interim, if you are interested in resolving this complaint through OCR's ECR process or have any questions, please contact Letisha Morgan, Senior Compliance Team Investigator, at (646) 428-3827 or letisha.morgan (@. ed.gov; Joy Purcell, Compliance Team Attorney, at (646) 4283766 or joy.purcell@,ed.gov; or me, at 646-428-3806 or felice.bowen @ed.gov. Sincerely, Felice A. Bowen Compliance Team Leader UNITED STATES DEPARTMENT OF EDUCATION OFF ICE FOR CI VIL RI GHT S 32 OLD SLI P, 26TH FLOO R NEW YO RK, NEW YO RK 100 05 TIMOTHY C. J . BLA NC HARD DIRECTOR NEW YORK OFFICE September 14, 2015 Carlos E. Severino Valdez , Ph.D . . Chancellor Univer sidad de Puerto Rico Recinto de Rio Piedra s Aprutado Postal 23301 San Juan, Puerto Rico 00931-3301 Re: Case No. 02-15-2415 Universidad de Puerto Rico - Rio Piedras Campus Deru· Dr. Severino Valdez: l On !(b)(6),(b)(7)(C) the U.S. Department of Education, New York Office for Civil Rights (OCR) received the above-r eferenced comp laint filed against the Universidad de Puerto Rico - Rio Piedras Campus (the University). The complainant alleged that the University failed to respond promptly and equitabl y to a complaint of sexual assault that she filed against a professor of the University's School of Architecture on !(b)(6),(b)(7)( OCR has determined that this allegation is appropriate for investigation. Additionally , OCR will investigate whether the University failed to respond promptly and effectively to complaints, reports and/or incidents of sexual violence of which it had notice ; and as a result, students at the University, includin g the complainant , were subjected to a sexuall y hostile environment. !. 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 activ ities receiving financial assista nce from the U.S. Department of Education (the Department). The Universit y 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 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 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. Thel)epar1 men1of Educatio n's mission Is topromole studenl achievement andpreparation/orglobal competitiveness by fostering educationalexcellence andensuring equal access. Page 2 of7 · OCR Case \fo. 02-15-2415 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 t.hcidentity of any individuals named in documents. Please submit the information listed on the enclosed data request to OCR within twenty (20) days of the date of this letter. 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 fodcral financial assistance make available to OCR infonnation that may be necessary for it to dt!termine whether a recipient is in compliance with the regulations it enforces. This requirement is incorporated by reference in the regulation implementing Titl.c IX at 34 C.F.R. § 106.71. This infi.Jrmation is also being requested pursuant to 34 C.F.l{. § 99.31 (a)(3)(iii). OCR 's goal is the prompt and appropriate resolution of the allegations contained in a complaint. OCR o1fors, when appropriate, an Early Complaint Resolution (ECR) process, similar to mcdiaiion, to facilitate the voluntary resolution of complaints by providing an early opportunity fix 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 wcbsi.tc at lmp://\~'..':vwJ_.c9.!!ov/about/onices/list/ocr/docs/oqrn_r.l!:.hP11litJI. 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 he aligned with the complaint allegations or the information obtained during the investigation, and it must be consistent with applicable regulations. Additional information ahout this voluntary resolution process may be found in the enclosure entitled, "OCR Complaint Processing Procedures," and on OCR's website at http://ww·w2.ed.2.ov/about/officcs/list/ocr/docs/ocrcprn.htrnWUf. Please be advised that the University may not harass, coerce, intimidate, or discriminate against any individual because he or she has tiled a complaint or participated in the complaint resolution process. Under the freedom of Infi.Jrmation Act, it may be necessary correspondence and records upon request. In the event that seek to protect, to the extent provided by law, personally rclcasc:d, could reasonably be expected to constitute an privacy. to release this document and related OCR receives such a request, it will identifiable information, which, if unwarranted invasion of personal Page 3 of 7 - OCR Case No. 02-15-2415 OCR staff will contact you within twenty (20) calendar days to discuss the allegations and the complaint resolution process. In the interim, if you are interested in resolving this compla int through OCR ' s ECR process or have any questions, please contact Letisha Morgan, Senior Compliance Team Investigator, at (646) 428-3827 or letisha.morgarn'c«ed.gov; Joy Purcell, d.gov; or me, at (646) 428-3806 Compliance Team Attorney, at (646) 428-3766 or joy.purcell(@,e or felice .bowen(w,ed.gov . Sincerely, Felice A. Bowen Compliance Team Leader Encl. Page 4 of7 Case No, 02--15--2415 Data Regucsl Case Unitcrsidnd dc Pnenn Riti Pied - (ampus (th' University) (Ill: complainant) Due Date: Ociubcr 2015 Plem'c provldy the following i/wm'for years 2012.20", 291 2014 and 21/147211" mien mitt-med, in whet/m any tequtsmd mam-ml duen mu exl' l'or academic yuan 2012-2013, 2013-2014, and 20142015. cople> of lhe Unlvc policies and procedures. and of irs governing investigation 0i complaints of (m the hasis of sex. Include a delailcd description 01'th colnplainl process. including such level 01 the process. Ihc nl'the proccss. and lhe nt' mirth maintained (including lion long ~uCl'l records are rctained) Aim, prnvitle the names and lttles ol' the University's slai'f responsible lor handling cumpluints of on the basis of sex a1 each level of prunes: An explanation ol the means by Which the University students, parents, employ .zmd third parties, oflhc ptllicici and procedures referred tn in 1. above. Submit cnpics of all materials dinnuminalcdi Coplcs of publication: lhal ctmlain Iht: University's nondiscrimination nulicc' or vtehsilc llnk(s) for any eleumnit: nu, of (he nondiscrimination notice: and. a list of campus locations where the notice ts posted. ii any. For 'mndemic years 20l2r2013. 2013-2014, and 2014A2015, copies 0(th Univc ily's pol and anti/or description ol'ils practice>> disciplinary or currective ztcliuns that may he taken in address sexual by students, employees. and Uni-n and. [he on nl'ncrvices lo the Victims of sexual lfany Slaw whether the Univcl'sil)' Clmduc locus groups'meelings and/m informational nilh the ttudcm sludcm groups. residential assinams, and soml'll) lcadcrs. etc.) an or staff regarding rights Title IX, him in nnssihlc violnljom Ul- 'lillc lx, and/or the Unlve rty on in and equitablv Io Till: complain i If 50, provide the times of such evenls. a nithe attendees, and any mater-nth prescnled and/Gr dimihulctl, he name, address and telephone number nl'thn I. iversily's daeignatcd Title IX ('uordinnlorfi). Indicate the mclhodm by which inf'onnallon is disseminaled nnu lhird pames. I'xovldc copies of all publications/websites cuntaln (hi: Page 5 of 7-0CR Case No. 02-15-2415 7. A detailed description of any training regarding sex discrimination, including sexual harassment and sexual assault/violence, provided to the Cnivcrsity's Title IX Coordinator(s) and other University staff. For each such training, include: a. the datc(s) the training was provided; b. the names and qualifications the individuals who provided the training; c. a list of the numes and titles of the individuals who attended the training; and, d. copies any materials distributed at the training. or or 8. Copies of all documentation related to the complaint filed by the complainant against a Architecture (the Professed, as well as any subsequent professor in the School appeals made by or on behalf of either the complainant and/or the Professor, including but not limited to: a copy of any written complaint(s) or rccord(s) of oral complaint(s), investigative reports, witness statements, hearing transcripts, electronic mail messages (emails), text messages~ telephone Jogs, and all other correspondence. or 9. A detailed description of the steps and act.ions the Lniversity complaint filed by the complainant, including: took in response to each a. a description of the procedures employed hy the University to investigate the complaints; b. a description of interim remedial measures (academic or other) provided by the Lniversity to the complainant during the pendency of the investigation, and the appeal/grievance hearing; c. the timeline for completjon of each stage of the investigation process, and the appeal/grievance hearing; d. the final outcome of all investigation(s) and appeal/grievance hcaring(s), including any final remedial measures; c. the name(s) and titlc(s) of the University staff involved in the investigation and appeal/grievance hearing processes; f. the evidentiary standard applied hy the Cniversity to detcnnine the outcome of the for all stages of the investigation and any complainant's complaints, appeal/grievance hearing; g. the types of records maintained, and how long such records were retained; h. copies of the t:niversity's Title IX grievance procedures and sex (including sexual assault and violence )/retaliation discriminationlharassmcnt policies and procedures relied upon to respond to any complaints filed by the complainant; and, 1. the sex of the complainant, the Professor, and any witnesses. I 0. Copies of all documentation, including but not limited to, letters, emails, reports, notes, logs, meeting minutes, grievance hearing transcripts, discipline records, telephone records, campus public safoty records, and other external law enforcement agency records related to: ·----·----··--1 The complainant informed OCR that the Professor's name is Julian Manriquez. Page 6 of 7 -- OCR Case No. 02-15-2415 a. the University's processing of the complaints filed by the complainant; b. Lhc Lnivcrsity's handling/investigation o( or appeal/grievance hearing regarding, the complaints filed by the complainant, including any notices to the parties; c. appeals filed; and, d. the appeal/grievance hearing, including any notices to the parties. 11. Copies of any media maintained by the University regarding Lhe alleged incidents of sexual assault involving the complainant and the Professor, including but not limited to, prinlouts of social media postings/email groups of the complainant and the Professor, and/or other members of the University community. policies, procedures, and/or a description of its practices, regarding the issuance of (a) no-contact orders and (b) suspensions (including temporary suspensions), including the name(s) of the individual(s) responsible for issuing and enforcing such orders and suspensions. 12. A copy of the University's I 3. For academic years 2012-2013, 2013-2014, and 2014-2015, copies of all informal and formal complaints, including records of ora.1 complaints, made by or on behalf of students, aJleging sexual harassment/assault. for each complaint, provide: a. the name(s) of the individual(s) to whom the complaint was made, and the date the complaint was mmk; b. a