UNITED STATES DEPARTMENT OF EDUCATION

OFFICE FOR CIVIL RIGHTS

32 OLD SLIP, 26T" FLOOR
NEW YORK, NEW YORK 10005

TIMOTHY C. J. BLANCHARD
DIRECTOR
NEW YORK OFFICE

July 16, 2018

(WO; (b)(7)(C)

Re: Case No. 02-18-2280

Syracuse University

Dear Mr. (b)(6); (b)(7)P

On June 7, 2018, the U. S. Department of Education, Office for Civil Rights (OCR) received the
above-referenced complaint you filed against Syracuse University (the University). You alleged
that the University denied you due process and failed to be impartial during its investigation of
your alleged involvement in satirical skits performed by (b)(6 of your fellow fraternity members
(the Students) at the Students' fraternity (b)(6); (b)(7)(C) on or about March 30, 2018 (the
incident), in which the Students allegedly engaged in sexual harassment (Allegation 1). You also
alleged that the University discriminated against you and the Students, on the bases of your (a)
actual or perceived race and (b) sex (male), by failing to respond to reports that you and the
Students made on or about April 20, 2018, that other students at the University had threatened
you and the Students with physical violence; and that one of the members of the fraternity had
been physically assaulted in response to the incident (Allegation 2). You further alleged that the
University discriminated against you and the Students, on the bases of your (a) actual or
perceived race and (b) sex, by disciplining you and the Students more harshly for your alleged
participation in the incident as compared to students in other fraternities who engaged in more
egregious conduct; including hazing rituals, sexual violence, and "spiking drinks" that resulted in
students being hospitalized (Allegation 3).

By letter to OCR, dated May 4, 2018, an attorney representing you and rkv (b)(6);
-ntr% of the th1/71in
students involved in the incident' informed OCR that she has filed a complaint (complaint A)
against the University in the U.S. District Court for the Northern District of New York that
includes the same or similar allegations that you included in the complaint that you filed with
OCR. Pursuant to OCR's Case Processing Manual, OCR will close a complaint when the same
or a similar allegation based on the same operative facts has been filed, or could have been filed,
either by the complainant or someone other than the complainant against the same recipient with
a federal court. The complaint may be re-filed with OCR within sixty days following
termination of the court proceeding if there has been no decision on the merits or settlement of

The attorney sent the letter to OCR in connection with another OCR complaint.

The Department of Education's mission is to promote student achievement and preparationfor global competitiveness by
fostering educational excellence and ensuring equal access.
Page 2 of 2— OCR Case No. 02-18-2280

the complaint allegations. Dismissal with prejudice is considered a decision on the merits. OCR
has determined that Allegations 1 through 3 are the same or similar to the allegations contained
within complaint A, and these allegations are based on the same operative facts. Accordingly,
OCR has dismissed this 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. You may have the right to file a private suit in federal court whether or not OCR
finds a violation.

Please be advised that the University may not harass, coerce, intimidate, or discriminate against
any individual because he or she has filed a complaint or participated in the complaint
resolution process. If this happens, the individual may file a complaint alleging such treatment.

Under the Freedom of Information Act, it may be necessary to release this document and related
correspondence and records upon request. In the event that OCR receives such a request, it will
seek to protect, to the extent provided by law, personally identifiable information that, if
released, could reasonably be expected to constitute an unwarranted invasion of personal
privacy.

If you have any questions, please contact Joy Purcell, Senior Compliance Team Attorney, at
(646) 428-3766 or joy.purcell@ed.gov; or me, at (646) 428-3806 or fel ice.bowen@ed.gov.

Sincerely.

(b)(6)

Felice A. Bowen
Compliance Team Leader