UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CI VIL RI GHTS 32 OLD SLIP , 26'" FLOOR NEW YORK , NEW YORK 10005 TIMOTHY C. J. BLAN CH ARD DIRECTO R NEW YORK OFflCE April 27, 2016 (b )(6),(b)(7)(C) Re: Case No. 02-16-2120 State University of New York - Monroe Community College Dear j(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 you filed against the State University of New York - Monroe College (the College). You alleged that the College · and ; and, equitably respond to a report of sexual assault that you made on or about (b)(6),(b)(?)(C) as a result, you were subjected to a sexually hostile environm ent. 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 and its implementing regulation at 34 C.F.R. Part 106, which amended, 20 U.S.C. § 1681 ~. prohibit discrimination on the basis 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 Department. Therefore, OCR has jurisdictional authority to investigate this complaint under Title IX. Because OCR has det erm ined that it has jurisdiction and that the complaint was filed in a timely ·manner, it is opening the allegations for investiga tion. Please note that opening the allegations for investigation in no way implies that OCR has made a detennination with regard to their merits . During the investigation , OCR is a neutral fact-finder, collecting and analyzing relevant evidence from the complainant, the recip ient, 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 ProcessingManual. OCR's goal is the prompt and appropria te 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 Complaint Processing Procedures," which was The Departmentof Education'smission is to promote student achievementand preparationfor global competitivenessby fostering educational excellence and ensuring equalaccess. Page 2 of 2 - Case No. 02-16-2120 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 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, "OCR Complaint Processing Procedures," which was enclosed with OCR's previous letter to you, acknowledging your complaint. This informati on is also on OCR's website at http://www2.ed.gov/about/offices/list/ocr/docs/ocrcpm .htm1#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 happen s, 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. If you have any questions, please contact Genara Necos, Compliance Team Attorney, at (646) 428-3828 or genara.necos@ed .gov; Jane Tobey Momo, Senior Compliance Team Attorney, at (646) 428-3763 or iane.momo@ed.gov; or me, at (646) 428-3801 or nadja.r.allen.gill@ed.gov. s~, ~wf~ ?m~ce - -~ Team Leader UNITED STAT ES DEPARTMENT OF EDUCATION OFF IC E FOR CI VIL RIGHT S 32 O LD SLIP, 26T 11 FLOOR NEW YORK. NEW YORK !0005 TIMOTHY C. J. BLANCHARD D IR ECTO R NEW Y ORK O FFIC E April27,2016 Anne M. Kress, Ph.D. President State University of New York Monroe Community College Brighton Campus Buii'ding l Room 321 1000 East Henrietta Road Rochester, New York 14623 Re: Case No. 02-16-2120 State University of New York - Monroe Community College Dear Dr. Kress: !,the U.S. Department of Education, New York Office for Civil Rights On !(b)(6) ,(b)(7)(C) (OCR) received the above-referenced complaint filed against the State University of New York Monroe Community College (the College) . The complainant alleged that the College failed to ro and equitably respond to a report of sexual assault that she made on or about (b)(6),(b ; and, as a result, she was subjected to a sexually hostile environment. OCR has determined that this allegation is appropriate for investigation. Additionally, OCR will investigate whether the College failed to respond promptly and equitably to complaints, reports and/or incidents of sexua l violence of which it had notice; and as a result, students at the University, including the complainant, were subjected to a sexually hostile environment. 1~~?~ ~~.(b)l OCR is responsib le for enforcing Title IX of the Education Amendments of 1972 (Title IX), as . and its implementing regulation at 34 C.F.R. Part l 06, which amended, 20 U.S.C. § 1681 ~ prohibit discrimination on the basis 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 Department. Therefore, OCR has jur isdictional authority to invest igate 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 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 The Department of Education's miss~on is 10pr~mole s1udent achievement and preparati on/or globa l competiti veness by fostering educational excellence and ensuring equal access. Page 2 of 6-Case No. 02-16-2120 that its investigation is legally sufficient and is dispositive of the allegations , in accordance with the provisions of Article Ill 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 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 regulations implementing Title IX, at 34 C.F .R. § 106.71. This information is also being requested pursuant to 34 C.F.R. § 99.3l(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/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.htm1#Il1. 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 Genara Page 3 of 6 - Case No. 02 -16-2120 Necos, Compliance Team Attorney , at (646) 3828 or genara.necos@ed.gov; Jane Tobey Momo, Senior Compliance Team Attorney, at (646) 428-3763 or jane.momo@ed.gov; or me, at (646) 428-3801 or nadja.r.allen .gill@ed .gov. Sincerely, PngerffirCase No. 02464120 DILI Regnelt Case No. -Zl 56 State University ofNew York . Monroe Community College (the College) (the Due Dnin: my 11, 2016 Plead-e pmvide the/allowing ilemsfor academic your 2015--2016, unless utherwl'xe indicated, or state in writing whether any requested material does not exist.- 1. For academic years ZOE--2014, 2014-2015. and 2015--2016. wpifi of the College's policies and procedures. and/or a description of is prwtim, governing the investigation of complaints of hmassmenllmanll/violence on the. blsis of sex. Include a detailed description of the complaint process, including each level ofthe process, the length othe process, and the ly'pcs ofreoords maintained. Also, provide the homes and titles of the College's mfi' responsible for handling oomplaims or on the basis nfsex, at each level ofthe prams. An explanaiion of the means by which the College informed students, parents and employees ofthe policies and procedures refered to in item 1, sbove. Submit copies of all metenals disseminated. Copies of publications Illa: contain the College's nondiscrimination notice, or website link for any electronic postings of the nondiscrimination notice. and it list of campus locations where the notion is physimlly posted, ifany. For academic years 20134014, 2014--2015, and 20152016, wpies of the College's policies and procedures. and/or a description ofils practices, goveming: disciplinary or corrective actions [hm my be iakm to address sexual harassment/assault by students, staff and third parties; and the provision of services to the victims or sexunl irony. Sims whether the College conducts focus guups/l'neeu'ngs and/or holds informational sessions with the student community women's groups, uthletes, residential Erntemity and sorority leaders, etc.) and/or College staff regarding studmts' rights undcr Title IX, how to report possible violations of Title IX. and/or the College's obligation to and equitably to Title IX complaints. If so. provide the dates of such events. a description or the and my rnnterinls nnd/or distributed. The name. office address. and telephone number of the College's dmigmled Title ix Coordinatorts). indicate memocKs) by which this inronnon'on is disseninnted to students and employees. Provide copies of all publications/websites that contain this infommion. A detailed of any training regarding sex discrimination including sexual harassment and sexual nssninr/violenoe provided to the College's Title lx Page 5 of 6-Case No. 02-16-2120 and other College staff, including those administrators responsible for conducting hearings. 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 report(s) 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 correspondence. 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, and how long such records were retained; e. the final outcome of all investigation(s); f. the name(s) and titlc(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; h. copies of the College's Title IX gne vance procedures and sex discrimination/harassment (including sexual assault and violence)/retaliation policies and procedures relied upon to respond to any complaints filed by or on behalf of 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, Public Safety records, and other external law enforcement agency records related to: a. the College's processing of the complaints filed by or on behalf of the complainant; b. the College's handling/investigation of the complaints filed by or on behalf of the complainant including any notices to the parties; c. the 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 person; and f communications regarding the accused person's standing at the College pending completion of the investigation, and/or hearing process. Page 6 of 6 - Case No. 02-16-2120 11. Copies of the College's 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. For academic years 2013-2014, 2014-2015, and 2015-2016, copies of all informal and formal complaints, including records of oral complaints, made by or on behalf of students, alleging 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 made; b. a detailed description of the complaint processing procedures employed to resolve the complaint; c. the overall length of the process and timeline for completion of each stage of the investigation process; d. a description of the interim remedial measures (academic or other) provided by the University to the complainant and/or the accused during the pendency of the investigation ; e. the name(s) and title(s) of the individual(s) involved in the handling of the complaint; f. the evidentiary standard applied by the University to determine the outcome of the complaint; g. all actions taken by the University in response to the concerns raised; h. the final outcome(s) of all investigations/hearings/appeals; i. any notice of the findings provided to the complainant and/or the accused; j. the types of records maintained, and how long such records were retained; and, k. the sex of the complainant, accused person(s), and witnesses. 13. Copies of all documentation related to each complaint identified in response to Item 12 (above), including but not limited to correspondence, internal and external memoranda, investigative reports, witness statements, logs, forms, letters, hearing transcripts, meeting minutes, and notes generated for each complaint. 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.