UNITED STATES DEPARTMENT OF EDUCATION
OFFICE FOR CIV IL RIGHTS
6 1 FOl{SYTH ST., SOUT HW EST, SU IT E 19TIO
ATLANTA, GA 30303-8927

REGION IV
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FLORIDA
GEORG I,\
TE;\;:'\E SSEE

August 24, 2016

VIA REGULAR MAIL AND EMAIL
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Re: Complaint #04-16-2262
Dea~{b){6); {b){7{C)
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the U.S. Department of Education (Department), Office for Civil Rights (OCR) ,
rec'-e-1v-e-t"'"1_e_a.,_.ove-referenced
complaint you (Complainant) filed against Alabama A&M
University (University), in which you all eged that the University enga ed in discrimination on
the basis of sex, as well as retaliation. Specifically, you alleged that 01 {b){5); {b){?{C)
(a) the
University engaged in discrimination on the basis of sex when it failed to conduct an
investigation and provide you due process before issuing a trespass warning restrictin g you from
facilities, activities and programs based on an allegation of sexual assault raised by a female
student ; and (b) the University retaliated against you when it issued a trespass warning against
you after you advocated for your rights to return to campus following the dismissal of criminal
charges related to an alleged sexual assault of a female student. OCR has determined that it has
the authority to investiga te the allegations · consistent with complaint procedures and applicable
l;iw_
OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), 20
U.S.C. §§ 1681 et seq., and its implementing regulation , 34 C.F.R. Part I 06, which prohibit
discrimination on the basis of sex in any education program or activity operated by a recipient of
Federal financial assistance (FF A) from the Department , and also prohibit retaliation against any
individual for the purpose of interfering with any right or privilege secured by a Jaw enforced by
OCR. The Univ ers ity receives FF A from the Department and is therefore subject to Title IX and
the regulation. Additional information about the Jaws OCR enforces is available on our website
at http://www .ed.gov/oc r.
Because OCR has determined that it has jurisdiction and that the complaint was filed timely , it is
opening this complaint for investi gation. Please note that open .ing the complaint 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 IITof the Case Processing Manual.
Thi' Dep,1rlt1k'J1t of Educa ti on's mi ssi on is to promote student achh• 1'cmc11t ,md prept1r,1tio11 forg/0 [ ,,1/ co 111pt'liti1·e11c.,!l~1' f os terin g ed uc.iti onil l ,,,..,·cc ll c11cc,111di•nsurin g L'qu,i l ,JCccss.

www.ed.gov

 Complaint #04-16-2262
Page 2 of2

Accordingly, OCR will investigate the following legal issues:
.
.
d . d. . . .
I b . f
I
(b)(6);(b)(?(C)
I. Whet her t I1e Un1vers1ty engage 111 1scnmmat1on on t 1e as1s o sex w 1en 01
(b)(5); (b) it failed to conduct an investigation and provide the Complainant due pr·"'"o"'"ce~s~s
__ _.
before restricting him from facilities, activities and programs based on an allegation of
sexua l assault raised by a female student, in noncompliance with the Title IX
implementing regulation at 34 C.F.R. §§ I 06.8(b) and 106.31.

Lwhen it
2. Whether the Un iversity retaliated against the Complainant on!<bl(5l;(b)(?(C)
issued a trespass warning against him after he advocated for his rights to return to campus
following the dismissal of criminal charges related to an alleged sexual assault of a
female student, in noncompliance with the Title IX implementing regulation at 34 C.F .R.
§ 106.7 1.
Under the Freedom oflnformation Act, it may be necessary to release this document and related
correspondence and records upon request. In the event that 09R receives such a request, we wi ll
seek to protect, to the exte nt provided by law, personally identifiable information that, if
released, could reasonably be expected to constitute an unwarranted invasion of personal
.
.
pnvacy.
OCR is committed to prompt and effective service. We will be in contact with you periodically
regarding the status of your complaint. Please refer to the docket number listed above in any
contacts with this office. If you have any questions, please contact Ms. Zandra Hall at (404)
974-9290 or by emai l at Zandra. Hall@ed.gov or me at (404) 974-9367 .
Sincerelv,
(b)(6);(b)(7(C)

Ebony Calloway-Spencer, Esq.
Compliance Team Leader
Enclosure

 UNIT ED STATES DEPARTME NT OF EDUCATION
61 FO RSYTH ST ., SOUTHWEST, SUITE 19TIO

REC IO/\ JV
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FLORID,\
GEORG I ·\

ATLANTA, CA 30303-8927

TF.N:--:ESSEE

O FFICE FO R C IV IL RIGHTS

August 24 , 2016
VIA REGULAR MAIL AND EMAIL
Dr. Andr ew Hugin e, Jr.
President
Alabama A&M University
4900 Meridian St North
Normal , AL 35726
Re : Complaint #04-16-2262
Dear Dr. Hugine:
(b)(6); (b)(7(C)

0
the U_S. Department of Education (Department) , Offic e for Civil
),
received a complaint filed against Alabama A&M Univ ers ity (University) , in whic
<~)~ ); (b) (Complainant) alleged that the University engaged in dis cri ·
·
b'-a-s ....
is_o_,f,_
s-ex-1,
5
as we as retaliation. Specifically , the Complainant alleged that o (b)( ); {b)(?(C)
(a) the
University engaged in discrimination on the basis of sex when it failed to conduct an
investigation and provide the Complainant due process befor e restricti ng him from facilities ,
activities and programs based on an allegation of sex ual assault raised by a female student ; and
(b) the Univer sity retaliat ed against the Co mplainant when it issued a trespass warning aga inst
him after he advocated for his right s to return to campus following the dismi ssa l of criminal
charges related to an alleged sex ual assault of a female student. OCR has dete rmined that it has
the authori ty to invest igate the allegations ·consistent with complaint proc edur es and applicable
law.
OCR is responsible for enforcin g Title IX of the Education Amendments of 1972 (T itle IX), 20
U.S. C. §§ 1681 et seq., and its implementing regulation , 34 C.F. R. Part I 06 , which prohibit
discrimination on the basis of sex in any education program or activity operated by a recipi ent of
Federal financial assistance (FF A) from the Department , and also prohibit reta liation against any
individual for the purpose of interfering with any right or privilege secured by a law enforced by
OCR. The University rece ives FF A from the Departm ent and is therefore subject to Title IX and
the regulation. Additional information about the laws OCR enforces is available on our website
at http:// www .ed .gov/oc r.
Because OCR has determin ed that it has ji1risdiction and that the compl aint was filed timely , it is
opening thi s complaint for investigation. Plea se note tha t opening the complaint for
invest igat ion in no way impli es that OCR has made a determination with regard to its merit.
Durin g the investigation , OCR is a neutral fact-finder , collecting and analyzing releva nt ev idence
from the complainant , the recipient , and other sourc es, as appropriate. OCR will ensure that its
investiga tion is lega lly sufficient and is dispos itive of the allegation, in accordance with the
provisions of Article lll of the Case Processing Manual.
Th e Dt'JJartm ent ol Edu cation' s mi ssio n is to p ro m ote stud ent achi t•1•c111
t•11t.111dprep.1 r,lfi<1n fo r ;;lob.1/ co m pcti tii ·c11c."s
by (os /erin;; edu ca tional exce l/enCL'and ens urin ;; c,1ual acct'ss.

\\' WW.Cd.gov

 Complaint #04-16-2262
Page 2 of 5

Accordingly , OCR will investigate the fo11owing legal issues:
I. Whether the University engaged iii discrimination on the basis of sex when on (b)(5); (b)(?(C)
l~?~~~
l:0 it failed to conduct an investigation and provide the Complainant due process
before restricting him from facilities, activiti es and programs based on an allegation of
sexual assault raised by a femal e student, in noncompliance with the Title IX
implementing regulation at 34 C.F.R. §§ 106.S(b) and 106.31.

I

2. Whether the University retaliated against the Complainant o~ (b)(5); (b)(?(C)
Lwhen it
issued a trespass warning against him after he advocated for his rights to return to campus
following the dismissal of criminal charges related to an alleged sexual assault of a
female student, in noncompliance with the Title IX implementing regulation at 34 C.F.R.
§ 106.71.
Please read the enclosed document titled OCR' s Complaint Processing Procedures, which
includes information about the regulatory prohibitions against retaliation, intimidation and
harassment of persons who file complaints with OCR or participate in an OCR investigation; and
application of the Freedom oflnformation Act and the Privacy Act to OCR investigations.
OCR will conduct a prompt investigation of this complaint. The regulation implementing Titl e
VI, at 34 C.F.R. § I00.6(b) and (c), requires that a recipient of FF A make available to OCR
information that may be pertinent to reach a complianc e determination . This requirement is
incorporated by reference in the Title IX regulation at 34 C.F.R. Section 106.71. Pursuant to 34
C.F.R. § I00.6(c) and 34 C.F.R. § 99.31(a)(3)(iii) , of the regulation implementing the Family
Educational Rights and Privacy Act, 20 U.S.C. § 1232g, OCR may review personally identifiable
records without regard to considerations qf privacy or confidentiality.
Accordingly, OCR requests that the Institute submit the following non-redacted information to
OCR within fifteen ( 15) calendar days from the date of this Jetter:
(b)(7)(A)

 Complaint #04-16-2262
Page 3 of 5

 

 



 

 

Complaint #04- 16-2262
Page 4 of 5
(b)(7)(A )

Pursuant to Section 302 of OCR's Case Processing Manual , a complaint may be resolved at any
time when , before the conclusion of an investigation , the Institute expresses an interest in
resolving the complaint. Please contact the assigned investigato r if the Institut e wishes to
discuss a Section 302 voluntary resolution.
Thank you for your cooperation in this matter. In addition to the information requested above ,
OCR may need to request additional information and interview pertinent personnel. During the
course of thfa investigation, we will conduct one or more on-site visits. You will be contacted to
schedu le a mutually convenient time for those visits.

 Comp laint #04-16-2262
Page 5 of 5

If you have any questions about this Jetter, please contact Ms. Zandra Hall at (404) 974-9290 or
me, at (404) 974-9367.

Sincerely,

rX6);

(bX7(C)

Ebony Calloway-Spencer, Esq.
Compliance Team Leader
Enclosure