UNITED STATESDEPARTMENTOF EDUCATION OFflCE FOR CIVIL RIGHTS ON EPEIT ICOAT LANE 1010 WALNUT STREET,SUITE320 KANSAS CITY,MO 64106 REG ION Vll KANSAS MISSOURI NCBRASKA OKLAHOMA SOU rJ Jf)AK01/\ October 16, 2017 (b)(6); (b)(7(C) Re: Creighton University OCR Case Number 07-17-2282 Dear l(b)(6); (b)(7(C) 01 (b)(5); (b)(?(C) the U.S. Department of Education (Department), Office for Civil Right s (OCR), receive your comp laint against Cre ighton University (University) , Omaha , Ne braska, all~ging discrimination on the basis of sex. Spec ifically , you alleged that the University discriminated against you by fai ling to provide an equitab le resolution for vour com laint of sexual assault by when they favored or another stude nt on campu s, which occurred on or about (b}(5); (b)(?(C) believed the male stude nt over you because he was a male, after improperl y applying University policies. Additiona lly, you fmt her alleged the University discrim inates on the basis of sex, by failing to utilize investigative standards of proof that are fair and equitable. We have completed our evaluation of the complaint and determined we have the authori ty to investigate the comp laint. We wi ll address the complaint allegation consistent with our comp laint procedures and appl icab le Jaw. OCR is responsib le for enforci ng Title IX of the Education Amendments of 1972 (Title IX), as amended, 20 United States Code (U.S .C.) § 1681 et seq., and its implementin g regulation at 34 Code of Federa l Regulations (C.F.R.) Prut 106, which prohibit discrimination on the basis of sex in programs and activities recei ving Federal financial assistance from the Department. The University is a recipient of Federal financia l assistance from the Department. Therefore, OCR has juri sdictional authority to invest igate this complaint under Title IX. Add itional information about the laws OCR enforces is availab le on our website at http://www.ed.gov /ocr. Because OCR has determined that it has juri sdict ion and that this comp laint was filed in a timely manner, it is opening the comp laint for investigation. OCR will investigate: 1. Whethe r the U nivers ity provided a prom t and e uitable res Jonse to the complaint of sexual violence involving the Student on (b}(5); (b)(?(C) as requ ired by the Title IX implementing regulation at 34 C.F. R. §§ 106.8 and I 06.3 1. The Departmen t of faluc<1tion's miss ion is lo pwmot c s tud ent achievement a nd preparation for globa l comp etilivc ncss by foste rin g educd tional excellence am l ensuring c4u ,tl access. www.cd .gov Page 2 6 (b)( ); (b)(?(C) - 07172282 Please note that opening the complaint for investigation in no way implies that OCR has made a determination with regard to its merits. Dur ing the investigation . OCR is a neutral fact-fi nder, 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 complaint, in accordance with the provisions of Article III of OCR ' s Case Processing Manual . 1 OCR offers , when appropriate , an Early Complain t Resolution (ECR) process to faci litate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegations. The OCR document entitled OCR Complaint Processing Procedures , which was enclosed in OCR ' s letter to you acknowledg ing your complaint, includes information about ECR. When appropriate , a complaint may be resolved before the conclusion of an investigation after the recipient asks OCR to resolve the complaint. In such cases, a resolution agreement signed by the recipient and subm itted to OCR must be aligned with the comp laint allegations or the ned during the investigation and must be consistent with applicable regulations. information 01:?tai Information about this resolution process was also explained in the document enclosed with our letter acknowledging your complaint. If not resolved before th e conclusion of the investigation, OCR investigates the complaint allegations and makes a compliance detennination. If OCR determines a recipient has not complied with a regulation enforced by OCR, OCR will attempt to negotiate a written agreement with the recipient in which the recipient commits to take specific steps to bring it into compliance with the applicable laws and regulations. We will comm unicate with you per iodically regarding the status of the complaint. As we notified you in our pr evious acknowledgement letter , if you have additiona l information related to the comp laint that you would like OCR to consi der, you may submi t the information to the staff person reference d below. Your submission may be in hard copy form (e.g. , photocopies of documents), or you may scan the information into an electronic format (e.g., a PDF format). For instance , if you copy data or documents onto removable med ia, such as a CD or DVD, this data may be submitted to OCR as an alternative to reproducing the information in a hard copy format. If you have any quest ions , please contact Jared Roderick , Attorney , at (816) 268-0535 (voice) or (877) 521-2172 (telecommunications device for the deaf) , or by ema il at jared.roderick @ed.gov. (b)(6) ; (b)(?(C) (b)(6); (b)(7(C) ar enrunge r Supervisory Attorney 1 The Case Process ing Manu al is available on OCR ' s website at http ://www.ed.gov /abou t/offic es/ list/ocr /docs/ocr cpm.html. l.J~JTED STATES DEPARTMEJ\'T OF EDUC ATIO :'\i HLC 1U '\ \ , II k_\:-,:..,,\ ... ·.11,,..,,tl.RI OFFICE r O R CIVI L RIC.HTS --:1Hl,.','-K' O,E PETr lCOAT LA \: E < 1h.l JOJO\\ 'ALJ'\L"T STREET,SLIT E '.\20 SAS Cm' 1\·lO o-1]{)h ".A. " \I J, 1\1 .\ ._,,•LTJ; I> \h.i •T \ October 16, 2017 Dr. Daniel Hendiickson, President Creighton Cniversity 2500 Ca lifornia Plaza Creighton Hall Room 232 Omaha, Nebraska 68178 Re: Creighton Llniversity OCR Case Number: 07-17-2282 Dear President Hend1ickson: On (b)(5); (b)(?(C) the U.S. Depa11ment of Education (Department) , Office for Civil Rights (OCR). Kansas City office, received a complaint against the Creighton University (Un iversity) , Omaha. Nebraska. The comp lainant, a University student (Studen t). alleged that the University discriminated agains t her on the basis of sex by failing to provide an equ itable reso lution for her compla int of sexual assault by another student on campus, \vhich occurred on or abou d mpd·it1n•nv,-s by fo;-;tering cdl 1rn tiona I t•xcellcnce c1nd L'n:-uriJ1g t•qu,1J.tee,':':'. \\'\\'\\'.t'd . ~( \\' Page 2 - Dr. Danie l Hendrickson, President - 07 172282 1. Whether the University provided a ram t and e uitable response to the complaint of sexual violence involving the Student on (b)(5 ); (b)(?(C) . as required by the Title IX imp lementing regulation at 34 C.F.R. §§ 106.8 and 106.31. OCR is a neutral fact-finder , collecting and analyzing relevant evidence from the comp lainant. the recipient, and other sources, as approp1iate. OCR offers, when appropriate, an Early Comp laint Resolution (ECR) process to faci litate the voluntary resolution of complaints by the parties . In addition, when appropriate and upon request by a recipient, a complaint may be voluntarily reso lved before the conclusion of an investigation through an agreement with OCR. The enclosed document entit led OCR Complaint Processing Procedures provides more information about OCR 's evaluation, investigation, and resolution procedures. Please provide the infonnation described in the enclosed Data Request \Vithin fifteen calendar days of the date of this letter. Your full and complete resp onse will assist us in resolving th is complaint. OCR 's rig ht of access to this infonnation is found at 34 C.F.R. § I 00.6. 2 Pursuant to 34 C.F.R. § 99.31(a)(3)( iii) of the regu lation implementing the Fam ily Educational Rights and Privacy Act, 20 U.S.C. § 1232g, OCR may review persona ll y identifiable records without regard to considerations of privac y or confidentiality . During this in vestigation. OCR may also conduct interviews with University personnel or any witness who may have knowledge of the issue and request additional data if necessary. Recipients of federal funds are prohibited from intimidating, threatening, coercing, or discriminating against any indiv idual for the purpose of interfering with any right or p1ivilege secured by federal civil rights law . Comp laints alleging such retaliation may be filed with OCR. Under the Freedom of Infonnation Act, it may be necessary to release th is document and related correspondence and records upon request. In the event that OCR receives such a request, it \\'ill seek to protect, to the extent provided by law, persona lly identifiable infonnation that could reasonably be expected to constitute an unwarranted invasion of personal privacy if released . If you have any questions, please contact Jared Roderick , Attorney, at (816) 268 -0535 (vo ice) or (877) 521-2172 (telecommun ications device for the deaf), or by email at jared.rocleric kf(l ed. !a!.O\'. (b)(6); (b)(7(C) (b)(6); (b)(7(C) Enclosure(s) 2 The regulation implementing Ti tle VI of rhe Civil Rights Act of 1964 at 34 C.F.R . 100.6(b) and (c), requires that a recipient of FF A make available to OCR infomrntion that may be pertinent to reach a compliance detem1ination. This requirement is also incorporated by reference in Section 504 of the Rehabilitation Act of 1973 at 34 C.F.R. l 04.6 1; Title II of the Americans with Disabilities Act of 1990 at 28 C.F.R. 35.171 (a)(3); Title IX of the Education Amendments Act of 1972 at 34 C.F.R. l 06.71; and the Age Discrimination Act of 1972 al 34 C.F.R. 110.22. * * Page 3 - Dr. Daniel Hendrickson , President - 07172282 DATA REQUEST OCR Case Number 07-17-2282 [DISTRICT /UNIVERSITY /COLLEGE : Creighton University (b)(6); (b)(7(C) Comp lain ant: To facilit ate OCR ' s effo11s to investigate this complaint, pi ease submit the following information to OCR by [DATE] . When possible, please provide the requested infonnation in electronic fonnat (i.e. , emai l attachment, CD or DVD, or by providing the public ,:vebsite address or link where the most cun-ent documentation may be found) . If you have previous ly submitted data to OCR you believe to be respons ive to any of the requests below, please provide the relevant OCR case number. Please reference the chart above for the identity of the individuals referenced in the data request. Because email is not reliably secure, please refrain from sending by ema il any documentation that includes personally ident ifiab le information that is protected by law, unless it is password protected, with the password sent in a separate message or communica ted by telephone. (b)(7)(A) Page 4 Dr. Daniel Hendrickwn. Prcsidcm u71723xl (WUXA) Page 5 Dr. Daniel I?I?L?Sidcnl