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UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS ecton'x 50 BEALE ST, SUITE 7200 CALIFORNIA SAN FRANCISCO, CA 98108 FEB 1 0 204 ETTOTICY (In reply, please refer to case no, 09-14-2202.) pT Dear| On January 24, 2014, the U.S, Department of Education, Office for Civil Rights (OCR), received your complaint against Samuel Merrit University (Recipient). OCR understands your allegation to be that the Recipient denied you due process rights when it found you responsible for sexual assault in December of 2013. You further state that the Recipient may have initiated sexual misconduct proceedings against you because you raised concems about the behavior of a faculty member. For the reasons explained below, OCR is not accepting your complaint for resolution OCR enforces Title IX of the Education Amendments of 1972 which prohibits discrimination on the basis of sex in programs and activities operated by recipients of Federal financial assistance. The Recipient receives funds ffom the Department and is 2 Public education entity. Therefore, the Recipient is subject to laws and regulations enforced by OCR. OCR carefully reviewed the information in your complaint. Because you were identified as a respondent in a sexual assault complaint, your facts, even if true, do not raise an allegation under OCR jurisdiction. OCR enforces provisions under Title IX that require institutions to provide complainants who allege sexual harassment/sexual assault with a Prompt and equitable process. Based on the information you provided, the Recipient Fesponded to notice of possible sexual misconduct by conducting an investigation and making a determination. This information indicates the Recipient was following the Tequirements of Title IX. The fact you believe you, as a respondent were denied due Process rights, does not state a claim under Title IX absent facts that the Recipient failed {fo respond to notice of sexual misconduct, or failed to provide the complainant a prompt and equitable process. Further, you state that you believe that the Recipient may have responded to the complaint that was filed against you to retaliate against you for filing an unrelated complaint against a faculty member. You filed this complaint because you observed The Department of Education's mission i to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access, eww gow Page 2 — (09-14-2202) inappropriate behavior as a result of the faculty member was in an “altered state.” In order to state a retaliation claim for OCR to investigate, the complainant must first be able to describe an activity protected by a law enforced by OCR. Upon review, OCR has determined that the basis of your internal complaint was reporting inappropriate behavior and not discrimination; therefore, OCR will not investigate this allegation as a discriminatory retaliation claim. This concludes OCR’s consideration of your complaint. We are closing the complaint as of the date of this letter. 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 finds a violation. Federal regulations prohibit the Recipient from retaliating against you or from intimidating, threatening, coercing, or harassing you or anyone else because you filed a complaint with OCR or because you or anyone else take part in the complaint resolution process. Contact OCR if you believe such actions occur. Under the Freedom of Information Act, it may be necessary to release this document and related records upon request. In the event that OCR receives such a request, it will seek to protect, to the extent provided by law, personal information that, if released, could reasonably be expected to constitute an unwarranted invasion of privacy. If you have any questions about this letter, please call our office at 415-486-5555. Sincerel Charles R. Love Program Manager