Press Statement Yale University, OCR Complaint No. 01-15-2204 OCR dismisses a complaint filed under Title IX because the same alle ation is currently pending before the U.S. District Cou (b)(6) ,(b)(7)(C) The U.S. Department of Education, Office for Civil Rights (OCR) administr· tivel los d a complaint filed against Yale Uni vers ity (University), alleging that during the (b)(5),(b)(7)(C) (6J,(bJ({) the University discriminated against the Complainant on the basis of sex when it subjected him to an inequitable g1ievance process by failing to inform him of all allegations against him , by denying him the opportunity to provide a full statement to a heari ng panel, and by failing to consider all evidence he submi tted prior to a deci sion being made in a case where he was the respondent. l~~ 1 I O (b)(6),(b)(?)(C) , the Complainant filed a complaint in federal court , which he later amended o (b)(5),(b)(7)(C) OCR 's review of the complaint found that the allegat ions filed with OCR are the same as those filed against the University with the U.S. Di strict Court for the (b)(6),(b)(?)(C) l(b)(6),(b)(?)(C) and the case is currently pending. 1 Pursuant to OCR' s Case Processing Manual , OCR will close a complaint administrative ly when the same allegations filed by the complainant, against the same recipient, are currently pending with a federal court. OCR anticipates that all of the allegations will be addressed, the remedy will be the same as the remedy that would be obtain ed if OCR were to find a violation of the complaint , and there will be a comparable resolution process under comparable legal standard s. It was deemed appropriat e, therefore, to administrative ly close OCR Complaint No. 01-15-2204. I Case Summary Information • • • • • • • 1 On July 15, 2015, a complaint was filed against Yale University raising the issue of the University's grievance process. On April 17, 2017, OCR opened the complaint for investigation . On April 27, 2017, OCR learned that the same complaint allegation regarding his treatment under the orievanc e rocess was filed b the Complai nant with the U.S. District Court for the (b)(6),(b)(7)(C) As of September 19, 20 17, the above case was currently pending in which the Comp lainant alleges that Yale University violated Title IX in its handlin g of a case in which he was the respondent. OCR anticipates that the court will address all allegations in Complaint No. 01-15-2204 , and any remedy obtained will be the same as the remedy that would be obtained if OCR were to find a violation , and there will be a comparable resolution process under comparable legal standards. OCR administratively closed the complaint pursuant to Section llO(b) of OCR' s Case Proces sing Manual, which provides that OCR will close complaint allegations when the same allegations have been filed by the complainant against the same recipient with state or federal court. OCR also advised the Complainant, pursuant to Section llO(b), that he may re-file within 60 days following termination of the court proceeding if there has been no decision on the merits or settlement of the complaint allegation. He was informed also that dismissa l with prejudice is considered a decision on the merits. On September 18, 20 17, OCR accessed PACER and found that Yale's Answer to the complainant's Second Amended Complaint is due b~(b)(6),(b)(7)(C) I UN ITED STAT ES DEPARTM ENT OF E DUC ATIO N OFFICE FOR CIVIL RI GHT S, REG IO N I 5 POST OFF fCE SQUARE, BOSTON, MASSACHUSETTS FLOOR 02 109-392 1 8TH September 26, 2017 Dr. Peter Salovey President Yale University Sent via e-mail at President @Yale.edu Re: Case No. 01-15-2204 Yale University Dear President Salovey: This letter is to notify you that the U.S. Department of Education, Office for Civil Rights (OCR) is administratively closing the above-referenced complaint filed against Yale University (the University), in which the Complainant alleged that the University discriminated against him on the basis of sex. Specifically, he alleged that during the!(b)(6),(b)(7)(C) !semester, the University discriminated against him on the basis of sex when it subjected him to an inequitable grievance process by failing to inform him of all allegations against him , by denying him the opportunity to provide a full statement to a hearing panel, and by failing to consider all evidence he submitted prior to a decision being made in a case where he was the respondent. _______ During the course of investigating this complaint , OCR learned thaf theCompjajnant filedfhe _. same allegations in a complaint with the U.S. District Court for the .__ (b)(5),(b)(7l(C) Pursuant to Section l lO(b) of OCR' s Case Processing Manual (CPM), OCR will close a complaint when the same allegations filed by the complainant, against the same recipient, are currently pending with a federal court. Therefore, OCR has concluded that it is not appropriate to continue investigating this complaint, and OCR is dismissing the complaint as of the date of this letter. The complainant may re-file his complaint within 60 days following termination of the court proceeding if there has been no decision on the merits or settlement of the complaint allegation. (Dismissal with prejudice is considered a decision on the merits.) Under the Freedom of Information Act, it may be necessary to release this document and related con-espondence and records upon request. In the event that OCR receives such a request, we will seek to protect, to the extent provided by law, personally identifiable information, which, if released , could reasonably be expected to constitute an unwan-anted invasion of privacy. The Department of Education's mission is to promote student achievement and preparation for global competitiveness by fost ering educational excellence and ensuring equal access. Page 2 of 2 - President Peter Salovey ; OCR Complaint No. 01-15-2204 lf you have any questions regarding this letter, you may contact Senior Civil Rights Attorney LouAnn Pearthree at 617-289 -0138 , or by e-mail at LouAnn.Pearthree@ed .gov . Cc: UN ITED STAT ES DEPARTM ENT OF E DUC ATIO N OFFICE FOR CIVIL RI GHT S, REG IO N I 5 POST OFF fCE SQUARE, BOSTON, MASSACHUSETTS FLOOR 02 109-392 1 8TH September 26, 2017 I l