UNITEDSTATESDEPARTMENTOF EDUCATION

RHGIONXI
NORTH CAROLINA
SOUTH CAROLINA
VIRGINIA
WASHINGTON, DC

OFFICE FOR CIVIL RIGHTS
400 MARYLAND AVENUE, SW
WASHINGTON, DC 20202-1475

August 8, 2017

(b)(6); (b)(7(C)

Re:

De~

OCR Complaint No. 11-17-2032
Notification/Partial Dismissal Letter

<b)(6); (b)(7(C)

I

.

On
the Office for Civil Rights (OCR) of the U.S. Department of Education
(the Department) received your complaint against The George Washington University (the
University). You filed the complaint on behalf of a student (the Student) at the University and
allege that the University discriminated against her on the basis of sex and subjected her to
retaliation. Specifically, the complaint alleges the following:
L The University failed to promptly and equitably respond to the Student's complaint of
sexual assault against a male student (the respondent) and subse uent retaliator
harassment b the res ondent l<b)(6); (b)(7(C)
from
(bl( 6 ); (b)(? (C)
5
7
throug (bl< l ; (bl< <Cl
and.as a result,theStudentwas subjected to a sexually hostile
environment unng q <bl( 5 ); (b)(? (C)
~cademic years. 1

I

2. In retaliation for the Student's complaint
of sexualassault,the ~niversity denied her
application to artici ate in the l<bl(5 l , (b)(? (C)
_(the Program), on or
abou (b)(6); (b)(7(C)
OCR enforces Title IX of the Education Amendments of 1972 (Title IX) and its implementing
regulation at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex in any
program or activity receiving Federal financial assistance from the Department. Because the
University receives Federal financial assistance from the Department, OCR has jurisdiction
over it pursuant to Title IX.

1

To the extent that you asserted in your complaint that the University also failed to provide the Student with
accommodations for her classes and/or other interim measures or relief during this timeframe, OCR will address
your concerns through its investigation of this allegation.
The Departmentof Education'smissionis to promotestudentachievementand preparation
for globalcompetitiveness
and ensuringequalaccess.
l,yfosteringeducationalexcellence
www.ed.goo

 Page 2 - OCR Complaint No. 11-17-2032

After carefully reviewing the information you provided, OCR determined that Allegation 1 is
appropriate for investigation. However, OCR also determined that we will not investigate
Allegation 2 for the reasons set forth below.
Because OCR determined that it has jurisdiction and that the allegation was timely filed, OCR
is opening Allegation 1 for investigation. Please note that opening the allegation for
investigation in no way implies that OCR has made a determination on the merits of the
allegation. During the investigation, OCR is a neutral fact-finder, collecting and analyzing
relevant evidence from you, the University, and other sources, as appropriate. OCR will ensure
that its investigation is legally sufficient and fully responds to the allegation in accordance with
Case
Processing
Manual,
available
at
the
prov1s10ns
of
the
http://www .ed. gov/ ocr/ docs/ ocrcpm.html.
OCR is dismissing Allegation 2 because it was not filed in time. As explained in Section I 06
of OCR's Case Processing Manual, OCR generally will take action only with respect to
allegations that are filed within 180 days of the act of alleged discrimination. You filed this
5); (b)(?(C)
more than 180 days after the University allegedly retaliated
complaint on (b)(
by denying her application to participate in the
against the Student on (b)(5); (b)(?(C)
Program.
You requested a waiver of the 180-day filing requirement because OCR's website states that
"the 180-day time limit runs from the most recent action of discrimination, not from the first
day of discrimination ." OCR cannot granta waiverrn this basis. You ~l~l~~~~~:W...-,
5); (b)(?(C)
initially applied to the Program onl(b)(
and was denied on (b)(5); (b)(?(C)
hich is more
Accordingly, the "last" retaliatory act you alleged occurred on (b)(5); (b)(?(C)
than 180 days before you filed the complaint on (b)(6)
; (b)(7
(C)
Therefore , OCR has
determined that Allegation 2 is untimely under Section 106 of OCR' s Case Processing Manual
and will take no further action on it.
For the reasons explained above, OCR is dismissing Allegation 2 as of the date of this letter.
However, as noted above, we are opening an investigation of Allegation l.
This letter sets forth OCR's determination in an individual OCR case. This letter is not a
formal statement of OCR policy and should not be relied upon, cited, or construed as such.
OCR's formal policy statements are approved by a duly authorized OCR official and made
available to the public. The complainant may have the right to file a private suit in federal
court whether or not OCR find s a violation.
Please be advised that the University must not harass, coerce, intimidate, discriminate, or
otherwise retaliate against an individual because that individual asserts a right or privilege
under a law enforced by OCR or files a complaint, testifies, or participates in an OCR
proceeding. If this happens, the individual may file a retaliation complaint with OCR.

 Page 3 - OCR Complaint No. 11-17-2032

Under the Freedom of Information Act, it may be necessary to release this document and
related correspondence and records upon request. If OCR receives such a request, we will seek
to protect personally identifiable infonnation that could reasonably be expected to constitute an
unwarranted invasion of personal privacy if released, to the extent provided by law.
If you have any questions, please contact Kathryne Love, the OCR attorney assigned to this
complaint, at 202-453-6948 or Kathryne.Love@ed.gov.
Sincerely,

rgan
eader
District of Columbia Office
Office for Civil Rights
e

 UNITED ST A TES DEPARTMENT OF EDUCATION
OFFICE FOR CIVlL RlGHTS
400 MARYLAND AVENUE , SW
WASHJNGTON, DC 20202-1475

REG ION XI
NORTH CAROLINA
SOUTH CAROLINA
VIRG IN IA
WASHINGTON, DC

August 8, 2017
President Steven Knapp
The George Washington University
2121 I Street, NW
Suite 801
Washington, DC 20052
Re:

OCR Complaint No. 11-17-2032
Notification/Data Request Letter

Dear President Knapp:
The Office for Civil Ri hts OCR of the U.S. Department of Education (the Department)
received a complaint on (b)(5); (b)(?(C)
against The George Washington University (the
University). The Complainant filed the complaint on behalf of a student (the Student) and
alleges that the University discriminates on the basis of sex. The Complainant alleges the
University failed to promptly and equitably respond to the Student's complaint of sexual assault
a ainst a male student the respondent and subse uent retaliato harassment by the respondent
(b){6) ; (b)(7(C)
fro (b)(6); (b)(7(C)
and as a result the
5
to a sexually hostile environment during th (b)( ); (b)(?(C)

OCR will contact the University to provide the name of the Complainant and Student.
OCR enforces Title IX of the Education Amendments of 1972 (Title IX) and its implementing
regulation at 34 C.F.R. Part 106, which prohibit discrimination on the basis of sex, including
sexual harassment, in any program or activity receiving Federal financial assistance from the
Department. Because the University receives Federal financial assistance from the Department ,
OCR has jurisdiction over it pursuant to Title IX.
Because OCR determined that it has jurisdiction and that the complaint was timely filed, OCR is
opening the complaint for investigation. Please note that opening the complaint for investigation
in no way implies that OCR has made a determination on the merits of the complaint. During
the investigation , OCR is a neutral fact-finder, collecting and analyzing relevant evidence from
the Complainant, the University, and other sources, as appropriate. OCR will ensure that its
investigation is legally sufficient and fully responds to the allegation in accordance with the
provisions of the Case Processing Manual, available at http ://www.ed.gov/ocr/docs/ocrcpm .pdf.
Our goal is the prompt, appropriate resolution of the complaint. Information on OCR's
complaint processing procedures is available at http ://www.ed.gov/ocr/complaints-how .html.

The Departmentof Education's mission is to promotestudent achievementand preparationfor globalcompetitiveness
byfostering educationalexcellenceand ensuring equalaccess.
www.ed.gov

 Page 2 - OCR Complaint No. 11• 17-2032
Attached is a request for data necessary to investigate this complaint. OCR requests that the
University submit this information within 30 calendar days of the date of this letter (i.e., by
September 7, 2017). We prefer that you submit information electronically, if feasible. If any
item in our request is unclear, or if you experience any difficulty complying with this request,
please contact us as provided below prior to the expiration of the 30-day period. Please be aware
that OCR anticipates conducting an on-site investigation of the complaint. We will notify you in
advance of our proposed plans to visit the University.
Please be advised that the University must not harass, coerce, intimidate, discriminate, or
otherwise retaliate against an individual because that individual asserts a right or privilege under
a law enforced by OCR or files a complaint, testifies, or participates in an OCR proceeding. If
this happens, the individual may file a retaliation complaint with OCR.
Under the Freedom of Information Act, it may be necessary to release this document and related
correspondence and records upon request. If OCR receives such a request, we will seek to
protect personally identifiable information that could reasonably be expected to constitute an
unwarranted invasion of personal privacy if released, to the extent provided by law.
We look forward to your cooperation during the resolution of this complaint. If you have any
questions, please contact Kathryne Love, the OCR attorney assigned to this complaint, at 202453·6948 or Kathryne.Love@ed.gov.
Sincerely,

gan
eader
District of Columbia Office
Office for Civil Rights

 Page 3 - OCR Complaint No. 11-17-2032
The George Washington University
OCR Complaint No. 11-17-2032
Data Request
(b)(7)(A)

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