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UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS, REGION 1 5 POST OFFICE SQUARE, 8" FLOOR BOSTON, MASSACHUSETTS 02109-3921. June 29, 2018 Jacqueline Moloney Chancellor University of Massachusetts — Lowell By email: chancellor@uml.edu Re: Complaint No. 01-18-2105 University of Massachusetts Lowell Dear Chancellor Moloney: This letter is to inform you that the U.S. Department of Education, Office for Civil Rights (OCR) is closing the above-referenced complaint that was filed against the University of Massachusetts, Lowell (the University). The Complainant alleged that the University discriminated against him on the basis of sex during the 2017-2018 academic year. Specifically, the complaint alleged that the University discriminated against the Complainant in its processing of a complaint of sexual violence filed against him when it failed to consider relevant evidence (University police reports and video footage) in its determinations. ‘The Complainant also alleged that the University failed to promptly and equitably respond to his complaint of sexual violence by his accuser. Prior to OCR completing the investigation, the Complainant and the University expressed interest in resolving the complaint through OCR’s Facilitated Resolution Between the Parties (FRBP) process. On June 28, 2018, the Complainant and the University were able to reach a resolution, as specified in the enclosed FRBP Agreement. As a result of the FRBP Agreement, entered into voluntarily and signed by both parties, this complaint has been resolved. Therefore, OCR has closed the complaint as of the date of this letter and will take no further action on the complaint. Please note that OCR is not a party to, nor does it monitor, FRBP Agreements, Additionally, a breach of the FRBP Agreement, in and of itself, is not a breach of the regulations that OCR enforces. If a breach of the FRBP Agreement occurs, the Complainant has the right to file another complaint. To be considered timely, the new complaint must be filed either within 180 calendar days of the date of the act of alleged discrimination or within 60 calendar days of the date the complainant obtains information that a breach occurred, whichever date is later. Ifa new complaint is filed, OCR will not address the alleged breach of the Agreement. Instead, OCR will determine whether to investigate the original allegation. When making this determination, OCR will consider whether the alleged breach is material, its relation to any alleged discrimination, and any other factors as appropriate. 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 ‘The Department of Education's mission is to promote student achievement and preparation for global competitiveness by fostering educaHoal excellence and ensuring equal access weed goo Page 2 — OCR Complaint No, 01-18-2105 a law enforced by OCR or files a complaint, testifi or participates in a proceeding under a law enforced by OCR. If this happens, the individual may file a retaliation complaint with OCR. Under the Freedom of Information Act, it may be neces 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, personally identifiable information that could reasonably be expected to constitute an unwarranted invasion of privacy. Ifyou have any questions, you may contact Civil Rights Attorney Me or by e-mail at Melissa.Kirby@ed.gov. Kirby at (617) 289-0067 Sincerely, rer em Melissa Kirby Civil Rights Attorney Enclosure ce: Denise Barton, Esq UNITED STATES DEPARTMENT OF EDUCATION REGION V OFFICE FOR CIVIL RIGHTS INDIANA iowa 500 WEST MADISON ST., SUITE 1475 MINNESOTA. CHICAGO, IL 60661-4544 NORTH DAKOTA WISCONSIN July 10, 2018 Dr. Kathy J. Hinz Superintendent Crystal Lake Elementary District 47 300 Commerce Drive Crystal Lake, IL 60014 Via electronic mail only: khinz@d47.org Re: OCR Docket # 05-15-1166 Dear Dr. Hinz: This is to advise you of the resolution of the above-referenced complaint filed against Crystal Lake Elementary District 47 (District) alleging discrimination on the basis of sex. Specifically, the Complainant alleged that throughout PX@@XKO the District subjected Student A, afOxtudent at the Disprict’ sIBOOKKO, School (School), to discrimination based on sex when le © fstadent, Stadent B, engaged in scxual harassment of Student A on the school bus resulting in a sexually hostile environment, and the District failed to respond appropriately to the Complainant's reports of the harassment.' OCR is responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. § 1681, and its implementing regulation at 34 C.F.R. Part 106. Title IX prohibits discrimination on the basis of sex in education programs or activities operated by recipients, of Federal financial assistance. As a recipient of Federal financial assistance from the Department, the District is subject to the requirements of Title IX. ‘The Title IX implementing regulation at 34 C.E.R. § 106.31(a), states that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity operated by a recipient of Federal financial assistance. Sexual harassment that creates a hostile environment is a form of sex discrimination prohibited by Title IX. The Title IX implementing regulations at 34 C.F.R. §§ 106.8(a) and (b) and 106.9, respectively, require recipients to: designate at least one employee to coordinate compliance with Title IX; take steps to notify all relevant individuals, including but not limited to applicants for admission and employment, students, parents, and employees, that the recipient does not discriminate on the basis of sex and that it is required by Title IX not to discriminate " During the course of its investigation, OCR obtained information that the parents of two additional students (hereafter referred to as Student C and Student D), reported sexual harassment by Student B on the school bus. The Department of Education's mission isto promote student achievement and preparation for global competitiveness by fostering edueational excellence and ensuring equal acess ww ed. gov