UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS, REGION I 5 POST OFFICE SQUARE, 8th FLOOR BOSTON, MASSACHUSETTS 02109 -3921 August 2, 2017 rX6} ; (bX7(C} Re: Complaint No. 01-17-2096 University of Vermont Dea~(b)(6); (b)(7(C) The U.S. Department of Education, Office for Civil Rights (OCR) has received the abovereferenced complaint you filed against the University of Vermont (University). You alleged that the University discrimina ted against you on the basis of se ·· you alleged that the 5 complaint of sexual University failed to respond promptly and equitably to your (b)(); (b)(?(C) violence by another University student. 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 program s and activities receiving financial assistance from the U.S. Department of Education. The University is subject to Title IX because it is a recipient of Federal financial assistance from the U.S. Department of Education. Thi s letter is to notify you that OCR it is opening your a11egation for investigation because we have determined that we have jurisdiction over that allegation and because it was timely filed. Accordingly, OCR will investigate whether the University failed to respond promptly and equitably to your complaint of sexual violence, and if so, whether you were subjected to a sexually hostile environment, in violatio n of 34 C.F.R. Sections 106.S(b), 106.31 (a) and (b). Please note that opening your allegation for investigation does not imply that OCR has made a determination with regard to its 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 that its investigation is legally sufficient and is dispositive of the allegation, in accordance with the provisions of OCR's Case Proces sing Manual, which can be found online at: http://www2.ed .gov/about/offices/1ist/ocr/docs/ocrcp m.htm1. We have notified the University that we have opened your allegation for investigation. As noted above, the regulations enforced by OCR prohibit retaliation. Pursuant to the regulations, no recipient or other person shall intimidate , threaten, coerce or discriminate against any individual for the purpose of interfering with any right or privilege secured by regulations enforced by OCR, or because one has made a complaint, testified, assisted or participated in any manner in The Departmentof Education'smission is to promotestudent achievementand preparationfor globalcompetitiveness by fostering educationalexcellence and ensuring equal access. www.ed.gov Page 2 of 2- (b)(6); (b)(7(C) OCR Case No. 01-17-2096 an investigation, proceedings or hearing held in connection with a complaint. 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 that if released, could constitute an unwrurnnted invasion of personal privacy. If you have any questions regarding this letter, please contact Civil Rights Attorney Amy Fabiano at (617) 289-0007 or Amy .Fabiano @ed.gov . Sjncece lv r X6);(bX7 (C) Emma Kim Acting Compliance Team Leader UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS, REGION I 5 POST OFFICE SQUARE, 8th FLOOR BOSTON, MASSACHUSETTS 02109-3921 August 2, 2017 E. Thomas Sullivan Office of the President 85 South Prospect Street 344-353 Waterman Building Burlington, VT 05405 Re: Complaint No. 01-17-2096 University of Vermont Dear President Sullivan : The U.S. Department of Education, Office for Civil Rights (OCR) has received the abovereferenced complaint filed against the University of Vermont (University). The Complainant alleged that the University discriminated against her on the basis of sex. Specifically , the Com lainant alleged that the University failed to respond promptly and equitably to her 5 (b)( ); (b)(?(C) complaint of sexual violence by another University student. 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 Education. The University is subject to Title IX because it is a recipient of Federal financial assistance from the U.S. Department of Education. This letter is to notify you that OCR is opening the Complainant ' s allegation for investigation because we have determined that we have jurisdiction over that allegation and because the complaint was timely filed. Accordingly , OCR will investigate whether the Univers ity failed to respond promptly and equitably to the Complainant's complaint of sexual violence, and if so, whether the Complainant was subjected to a sexually hostile environment, in violation of 34 C.F.R. Sections 106.8(b), 106.31(a) and (b). Please note that opening this allegation for investigation does not imply that OCR has made a determination with regard to its 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 that its investigation is legally sufficie nt and is dispositive of the allegation, in accordance with the provisions of OCR's Case Processing Manual, which can be found online at: http://www2.ed.gov/about/offices/1is t/ocr/docs/ocrcpm.htm l. The Departmentof Education'smission is to promotestudent achievementand preparationfor globalcompetitiveness by fostering educationalexcellence and ensuring equal access. www.ed.gov Page 2 of 2-President Sullivan; OCR Case No. 01-17-2096 We have enclosed a preliminary data request. Please provide the data to this office within 15 calendar days from the date of this letter. Please also preserve any and all records that may be relevant to the issues raised by this complaint, in hard copy or elecn·onic format, as applicable. OCR's authority to gather information and conduct an investigation is found at the regulation implementing Title VI of the Civil Rights Act of 1964, at 34 C.F.R. Sections 100.6(b) and (c) and I00.7(c), which is incorporated by reference into Title IX at 34 C.F.R. Section 106.71. The regulation implementing the Family Educational Rights and Privacy Act, at 34 C.F.R. Section 99.31(a)(3)(iii), specifically authorizes educational institutions to disclose personally identifiable information concerning students to OCR. Further, pursuant to 34 C.F.R. Section 100.6(c), an institution may not assert considerations of privacy or confidentiality to bar OCR from performing its investigative function. Accordingly, the University must provide OCR access to the University's records in original, non-redacted form. As noted above, the regulations enforced by OCR prohibit retaliation. Specifically, the regulations state that no recipient or other person shall intimidate, threaten, coerce or discriminate against any individual for the purpose of interfering with any right or privilege secured by regulations enforced by OCR or because one has made a complaint, testified, assisted or participated in any manner in an investigation, proceedings or hearing held in connection with a complaint. 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 that if released, could constitute an unwarranted invasion of personal privacy. If you have any questions regarding this letter, please contact Civil Rights Attorney Amy Fabiano at (617) 289-0007 or Amy.Fabiano@ed .gov. Emma 1m Acting Compliance Team Leader Enclosure Data Request OCR Complaint N0. 01-17-2096 Recinient: Universilv of Vermont Page 2 of 3 University of Vermont. Complaint N0. 01-17-2096 Page 3 of 3 University of Vermont, Complaint N0. 01-17-2096