lJ1'\ITEDSTATES DEPARTMENT OF EDUCATION OFFlCE FOR CIVIL RIGHTS RF.CJO~VI ARKANSAS LOUISIANA MISSISSIPPI 1999 BRYAN STREET, SUITE 1620 TF.XAS DALLAS, TEXAS 75201-6831 August 212017 lb6 : b 7A: D7C Email: r: b 7A: b 7C RE: OCR Case No. 06162329 Dearr6: b 7A: b 7C This letter is to infonn you that the U.S. Department of Education (Department), Office for Civil Rights (OCR), Dallas Office, has opened for investigation a complaint you filed on behalf of a student against Prairie View A&M University (University), in \Vhichyou, an attorney representing a Cniversity student (Student), alleged discrimination based on sex and retaliation. Specifically, the complaint alleged the following: 1. The Universit throu h 6 , 7 A, b6 ; b7A; b7 7C sub'ected the Student to discrimination based on sex (female) by and who sub·ecte 'tudcnt to sexual harassment/sexual assault from . . 1a1 t:. ·1 d . bl y respon d tot he ..Student·. b6; b7A; b7C 2 . 'l'he Umvers1ty e to prompt ly an·d eqmta 5 6 7 b ; reports that she had been subjected to sexual harassment/sexual ass~a~u~~Y,:--f :°7A A;""6' , 7C i'c"""" -; ;,"'I , 6; 7A: b 7C l b6 b7A b7C I lb6 :b7A: b 7C I 3. During the · ' semestcr,retaliated reponed his sexual harassment/sexual assault to 6 7 University's ' A, 7C a ainst the Student after she and the Title IX Coordinator allegations of sexual harassment/sexual assault. The Dep,1rtment nf Edunuion's mission is to promote student achi,~Vparation for global romp~titivclll'ss by fostering ctluc,ltill!lal excellence ,tn,i ,~nsuring ~qua! ,Kcess. www.cd.gov Page 2 - Lr_ 'b -7:-A b7C ______________________ • lb6 ; b7A; b7C _ _ _ . _ 4 .. During.Jht _ Isemester, the.Uni vei:sity.failed to safeguard tbgGonfi.dyntialityo:C... the Student's sexual harassment/sexual a 6 7 resulted in , A, 7C harassmen sexua a(isaut comp amt. u . instr ::A: 7C _t,vhich e Student about her sexual 5. As a result of the sexuaJ harassment/sexual assault and retaliation, the Student has been denied educational benefits, opportunities and experience during th~ b5; b?A; b?C !academic year at the University afforded to students who are not having to endure sexual harassment while attempting to obtain their education. OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. § J 681 1 et seq, and its implementing regulation, at 34 C.F.R. Part 106, which prohibit discrimination on the basis of .sexin any education program or activity receiving Federal financial assistance. Additionally, the regulation implementing Title IX, at 34 C.F.R. § 106.71 1 incorporates hy reference 34 C.F.R. § 100.7(e) of the regulation implementing Tille VI of the Civil Rights Act of 1964 (Title VI), which provides 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, proceeding or hearing under this part. The University is a recipient of Federal financial assistance from the Department. Therefore, OCR has jurisdictional aulhority over the University to process this complaint for resolution under Title IX. Please note that opening an investigation in no way implies that OCR has made a determination regarding 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 su!licient and is dispositive of the allegations, in accordance with the provisions of OCR's Case Processing Manual. OCR will investigate: l. Whether the University discriminated against the Student on the basis of sex by failing to respond promptly and equitably to (sexually harassing conduct or sexual harass1HRRF~ 7C ·; , 7A, 7C t the . tud · al harassment/sexual assault by._! ___ _. b6, b7A, b?C , which was sufficient to constimte a r.-,1-~~~-tronment, an o w 1c 1t a notice (knew or should have knovvn), during the academic year, in violation of Title IX, at 34 C.F.R. §§ 106.8 and I 06.31; and 2. Whether the University retaliated aaainst the Student bv taking-a series of adverse action~ 7 D A: o 7C l against her (i.e. r 1.r .... 7A -:,b 7C ------------------------------,lb6 :,b b... 7A b... 7C 5 7 A'b7C 1....--------------1'• r !allegations of sexual harassment)- during ~he 1 Page 3 -Lr_ 'b-7A,-b7C ______________________ _ b6 ; b7A ; b7C academic- eai::-because th~Student.reporte . ex,ualharassment ··· 7 ~~-----------1 and the Cniversity's...s_, _ A...; ...7C....,.._.,,,.._.....,....,.._......,......,,....,..,~ ....._ ______ ____,/Titl~ IX Coordinator, in violation ot Title IX, at 34 C.F.R. § 106.71. The University has been informed of complaint allegations and the issues to be investigated, and information and documentation have been requested. We will contact you and the University regarding the next step in the resolution process after we receive the University's documentary response. Please note that OCR can resolve complaint allegations bejore completing an investigation in two ways: the Early Complaint Resolution (ECR) process and voluntary resolution agreements. ECR allows the parties (the complainant and the institution that is the subject of the complaint) an opportunity to resolve the complaint allegations quickly; generally, soon after the complaint has been opened for investigation, although ECR may take place at any time during the investigative process. If both parties are willing to try this approach, and if OCR determines that ECR is appropriate, OCR will facilitate settlement discussions between the parties and work with the parties to help them understand the legal standards and possible remedies. Please contact me and let me know if you are interested in the ECR process. 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 complaint alleging such treatment. Under the Freedom of fnfonnation Act, it may be necessary to release this document and related correspondence and records upon request. ln 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 unwarranted invasion of personal privacy. I am the investigator that has been assigned to investigate this complaint. If you have any questions about this letter, please contact me at (214) 661-9617, or via e-mail at maria.h.12:0nzaki1yed.~ov, or you may contact Ms. Adriane P. Martin, Supervisory Attorney/Team Leader, at (214) 661-9678, or via email at adriam:.martirita:1::d.1.!ov. oceteiv rK 'l ;aria H. Gonzalez : Equal Opportunity Specialist 0 UNITED STATES DEPART\1ENT OF EDUCATION OFFICE FOR CIVIL RIGHTS REGIONVl ARKANSAS I.OU:STANJ\ M15SISS1l'Pf 1999 RRYAN STREET, SCITE 1620 DALLAS, TEXAS 75201-6831 TEXAS August 2, 2017 Dr. George C. Wright, President Prairie View A&M University Office of the President P.O. Box 519. MS 1001 Via Facsimile 936-261-2115 and Re,:ularlvlail Prairie View, TX 77446 Re: OCR Case No. 06162329 Dear Dr. Wright: This letter is to inform you that the U.S. Department of Education (Department), Office for Civil Rights ( OCR), Dallas Office, has opened for investigation a complaint filed on behalf of a stt1dentagainst Prairie View A&M University (University), in which the complainant, an attorney representing a Cniversity student (Student), alleged discrimination based on sex and retaliation. Specifically, the complaint alleged the following: l. The Universit suh·ected the Student to discrimination based on sex (female) by and 6 7 throu h ' A, 7C • dent lo sexual harassment/sexual ac;sault from b6; b7A; b7C . . t'a1·1ed to prompt Iy an d equ1ta . bl y respond tot he,stu dent ,l1._--:--:--;;::;::::;:::;;;::::;::;;::::::::!-. b6 ; b7A; b7C 2. 'I"· mversrty b6; ~ ~ ""reports that she had been subjected to sexual haras::;ment/sexual assault by j66'67A' 6 7C I lb6 b7A b7C I 166:67A; 67C 3. During th4 ' ' jSemcstcr,retaliated against the Student after she 66 67 6 reported his sexual harassment/sexual assault to ! ' A, 7C Iand the Universit a egations o sexua arassment sexual assault. Thl' Dcp,,rtment of Edu(ation' s 1nissio11is to promote student achievement ilrHi preparntion for global competitiveness by fostering cducc1tiom1l.?xc.dlcnce and ensuring e1.p1alilCCC'ss. www.cd.gtw Page 2 - Dr. George C. Wright, President .. - . --- -4,- lb6 ; b7A; b7C I During.thq semester,the-lJniversity.-faikd to.safeguai;dthe confidentiality of_ 67 the Stud~n\; ,~7fiQ:alhar:ssmen~sexuat assaultcomo!aiotalainstr' A, b 7C !which resulted m! _ _ _ _ the Student about her sexual harassment/sex.ua assau t comp amt. 5. As a result of the sexual harassment/sexual assault and retaliation, t . d cducat10na . ( bene fi1ts, opportumt1es . . an d expenence . dunng . th dcmc year at the University afforded to students who arc not having to en harassment while attempting to obtain their education. s been b6 b7A b7C · · OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title [X), 20 ES.C. § 1681, et seq, and its implementing regulation, at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in any education program or activity receiving Federal financial assistance. Additionally, the regulation implementing Title IX, at 34 C.F.R. § 106.71, incorporates hy reference 34 C.F.R. § 100.7(c) of the regulation implementing Title VI of the Civil Rights Act of 1964 (Title VI), which provides 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, proceeding or hearing under this part. The University is a recipient of Federal financial assistance from the Department. Therefore, OCR has jurisdictional authority over the University to process this complaint for resolution under Title IX. Please note that opening an investigation in no way implies that OCR has made a dctcnnination regarding 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 allegations, in accordance with the provisions of OCR's Case Processing Manual. OCR will investigate: l. Whether the University discriminated against the Student on the basis of sex by failing to respond promptly and equitably to (sexually harassing conduct or sexual harassment 7 __. i.e. that the Student had been sub· ected to sexual harassment/sexual assault .....,_ s, A, 7C 6; b7A; b7C , which was sufficient to constitute a L....,_.,.......!i:::-::!':'::o::nn::1:-::c:":n";""l,-:'.a:":n"'.'id-:'.o:"'l'i"'."w:"'.il::1i"'.':ichi:"':.it:"'ih::a:".ld~n::o:7ti::c (knew or should have known), during the cademic year, in violation of Title lX. at 34 C.F.R. §§ 106.8 and 106.3 l; and ___ 2. Whether the University retaliated against the Student bv taking a series of adverse actions against her (i.e., 1°6 ' 0 7A' o 7C I I 106 : 0 7A: 0 7C bS: b 7A: b 7C 16 7 ._b _' b_ A,_ b 7C _____________ r __,lallegations of sexual harassment) during the Page 3 - Dr. George C. Wright, President The Title IX regulation, at 34 C.F.R. § 106.71, incorporates by reference the regulation implementing Title VI of the Civil Rights Act of 1964, at 34 C.F .R. § I 00.6(b) and (c ), which requires that each recipient of Federal financial assistance make available to OCR information that may be pertinent to reach a compliance determination. Pursuant to 34 C.F.R. § 100.6(c) and 34 C.F.R. § 99.3 l(a)(3)(iii) of the regulation implementing the family Educational Rights and Privacy Act, OCR may review personally identifiable records without regard to considerations of privacy or confidentiality. We have enclosed an initial request for infonnation that is needed for the investigation of this complaint. Please submit the requested information to OCR within 20 calendar days of the date of this letter. OCR may seek to supplement this information through additional data requests, interviews with University personnel and students, and, an onsite visit. Complaints may be resolved prior to the conclusion of an investigation in two ways. First, Early Complaint Resolution (ECR) allows the parties (the complainant and the institution that is the su~ject of the complaint) an opportunity to resolve the complaint allegations quickly, generally soon after the complaint has been opened for investigation. If both parties are interested, and if OCR determines that ECR is appropriate, OCR will facilitate settlement discussions between the parties and work with the parties to help them understand the legal standards and possible remedies. Second, complaints may also he resolved before the conclusion of an inv~stigation if the institution that is the subject of the complaint (recipient) expresses an interest in resolving the complaint. This process is voluntary and must be requested by the recipient. OCR must dete1mine that it is appropriate to resolve the complaint during the course of an investigation. If the voluntary resolution process has been determined appropriate, OCR will notify the complainant of the recipient's interest in resolving the complaint. The resolution agreement is negotiated between OCR and the recipient and will he aljgned with the complaint allegations, issues investigated, and infonnation obtained during the investigation. A copy of the signed resolution agreement will be included with the resolution letter. OCR will then monitor the implementation of the resolution agreement. tor your information, we have enclosed OCR ·s Complaint Processing Procedures to provide you with an overview of OCR 's complaint evaluation and resolution processes. 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, that individual may file a complaint alleging such treatment. Under the Freedom of Tnfonnation 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 1mwarranted invasion of personal privacy. Page 4 - Or. George C. Wright, President . 1 am.the..irulcst.igatorthat has been assigned- to-inv~tigate- this-complaint-. ·If you have anyquestions about this letter, please contact me at (214) 661-9617, or via e-mail at 111aria.h.12.onzah;~:(Z··ed.!!o\·, or you may contact Ms. Adriane P. Martin, Supervisory Attorney/Team Leader, at (214) 661-9678, or via email at ;tdriane.mani n(i1:cd._g_oy. r X6l Sincerely, Maria H. Gonzalez Equal Opportunity Specialist Enclosures a 0 LNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CfVIL RIGHTS 1999 BRYAN STREET, SUITE 1620 DALLAS, TEXAS 75201-6831 REGIONVI ARKANSAS I.O!JISI/\NJ\ M rSSISSll'rI TEXAS INITIAL DATA REQUEST OCR Case Ref. No. 06162329 Prairie View A&M University (the University) r' For the purpose of this data request. b 7A: b7C 6~ 7A: 7C theCom~la;,;,:in~a ...n:.:.t..:;is::.a.... _______ Iand 6; 7A: 7C 66· b7A-b7C _,theStudent is · · 1 Please provir~ •~,?~eler responses to the following requested items fort" ""'" .... --- !academic year through unless otherwise specified, and state in writing whether any requested material does not exist. If a produced document completely satisfies more than one requested item, indicate such in lieu of sending duplicates. Finally, if a document is available on the University's website, simply provide a link to the document. Please note that in this request, the term "'correspondence" includes, but is not limited to, e-mail messages, meeting notes, interviews, notes of telephone conversations, and all related memoranda. In each instance where a policy is requested but a written policy on the matter at issue does not exist, provide documentation demonstrating the University's usual practice. *Although not required, it would be helpful if the data response is numbered in the lower righthand comer (e.g., 001, 002) to ensure staff from OCR and the University are looking at the same page dming any future discussions about this data response. t. (b&, b7A, b7C 2. The Dcpartnwnt of EduGition's mission is to promote student achievement am! preparation for glohal c:omp('titivf'ne~s by fostering educational exc,~llimre . 'L·