UNITED STATES DEPARTMENT OF EDUCATION REGION IV

OFFICE FOR CIVIL RIGHTS, REGION IV ALABAMA

FLOR IDA
GEORGIA
6 1 F OR SY T H ST . , SO U TH W ES T , SU I T E 1 9 T1 0 TENNESSEE
A T LA N TA , G A 3 0 3 0 3 -8 9 2 7

July 28, 2017

Via Email

Dr. W. Kent Fuchs

Office of the President
University of Florida
226 Tigert Hall
P.O. Box 113150
Gainesville, Florida 32611

Re: OCR Complaint

Dear Dr. Fuchs:

On January 24, 2017, the U.S. Department of Education, Office for Civil Rights (OCR), received
the above-referenced complaint filed by on behalf of
client, against the University of Florida (University), alleging
discrimination on the basis of sex. Specifically, the Complainant alleges that the University
failed to appropriately investigate and otherwise respond to the Students
concerning a report of sexual misconduct by a University student (Offender),
as follows:

1. The Associate Dean of Students & Director of Student Conduct and Conflict Resolution
(Associate Dean) .

2. The Associate Dean and the Offenders attorney had improper ex parte communications
and had an improper work relationship.

3. The applicable University policy lacks specificity as to timeframes for all major stages of
the grievance process.

4. The applicable policy provides for the inconsistent treatment of the alleged victim and
accused.

5. The University ignored the Students ,

dismissed it without any stated reason, and did not permit an appeal.
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OCR

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 106, which prohibit
discrimination on the basis of sex in any education program or activity operated by a recipient of
Federal financial assistance from the Department. The University receives Federal financial
assistance from the Department. Accordingly, OCR has jurisdiction over this complaint.
Additional information about the laws OCR enforces is available on our website at
http://www.ed.gov/ocr.

Because OCR has determined that it has jurisdiction and that the above complaint was timely
filed, it is opening this complaint for investigation. OCR will investigate the following issue:

Whether the University failed to promptly and equitably respond to a sexual violence
complaint, in non-compliance with the Title IX implementing regulation at 34 C.F.R.
106.8 and 106.31.

Please note that opening this 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 allegations, in accordance with the provisions of Article III of the Case
Processing Manual.

Please read the enclosed document entitled OCR Complaint Processing Procedures, which
includes information about:

OCRs complaint evaluation and investigation procedures, including the availability of

Early Complaint Resolution (ECR);

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 of Information Act and the Privacy Act to OCR
investigations.

OCR intends to conduct a prompt investigation of this complaint. The regulation implementing
Title VI of the Civil Rights Act of 1964, at 34 C.F.R. Section 100.6(b) and (c), requires that a
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. Section 100.6(c) and 34
C.F.R. Section 99.31(a)(3)(iii) of the regulation implementing the Family Educational Rights and
Privacy Act (FERPA), 20 U.S.C. Section 1232g, OCR may review personally-identifiable
records without regard to considerations of privacy or confidentiality.

Accordingly, OCR requests that you submit the following non-redacted information to OCR
within fifteen (15) calendar days from the date of this letter:

The Department of Educations mission is to promote student achievement and preparation for global competitiveness
by fostering educational excellence and ensuring equal access.
www.ed.gov
Page 3 of 4
OCR

1. Has the University revised its policies and procedures for the selection of a hearing officer
for a code of conduct hearing for a student charged with sexual violence
If, so please provide the revised policies and
procedures.

2. Please provide copies of the Universitys policies, procedures, and/or processes regarding
the hearing officers communications with the parties and/or their counsel.

3. Please provide copies of the Universitys policies, procedures, and/or processes regarding
the investigation and resolution of counterclaims including the appeal process for said
claims. If there is a provision for a finding that there are not sufficient grounds for a
counterclaim to proceed through the student conduct process, please highlight said
provision(s) of the policy.

4. Did the University investigate the ?

investigated, please provide a copy of all documents, including internal and external
communications that explain the reason(s) for the non-investigation.

5. Provide a written response to the complaint allegations as well as any other information that
the University believes would assist OCR in its investigation of this complaint. (This is
optional).

6. Any additional information the University would like for OCR to consider relevant to this
investigation. (This is optional).

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,
to the extent provided by law, personal information that, if released, could constitute an unwarranted
invasion of privacy.

In addition to the information requested above, OCR may need to request additional information
and interview pertinent personnel. If an onsite visit is determined to be necessary, you will be
contacted to schedule a mutually convenient time for the visit. OCR works to resolve allegations of
discrimination promptly and appropriately. Upon receipt of this letter, please notify OCR of the
name, address, and telephone number of the person who will serve as the Universitys contact
person during the resolution of this complaint. We would like to talk with this person as soon as
possible regarding the information requested in this letter.

Pursuant to Section 302 of OCRs Case Processing Manual, a complaint may be resolved at any
time, when before the conclusion of an investigation, the recipient expresses an interest in
resolving the complaint. Please contact Ms. Michelle Reid, General Attorney, at any time if you
wish to discuss a Section 302 voluntary resolution.

The Department of Educations mission is to promote student achievement and preparation for global competitiveness
by fostering educational excellence and ensuring equal access.
www.ed.gov
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OCR

If you have any questions, please contact Ms. Reid at (404) 974-9386 or me at (404) 974-9376.

Sincerely,

Arthur Manigault, Esq.

Compliance Team Leader
AM/mr
Enclosures

The Department of Educations mission is to promote student achievement and preparation for global competitiveness
by fostering educational excellence and ensuring equal access.
www.ed.gov