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# U.S. Department of Education’s Office for Civil Rights Announces Resolution of Sexual Harassment Investigation of San Francisco Conservatory of Music

# U.S. Department of Education’s Office for Civil Rights Announces Resolution of Sexual Harassment Investigation of San Francisco Conservatory of Music

January 10, 2024

**Contact:  **press@ed.gov

                                    -        
The U.S.  Department of Education’s Office for Civil Rights (OCR) today announced that  the San Francisco Conservatory of Music has entered into a resolution agreement  to ensure its compliance with Title IX of the Education Amendments of 1972,  when responding to allegations of student-to-student sexual harassment,  including sexual assault and stalking. OCR investigated whether the  Conservatory responded consistent with Title IX to a student’s complaint that  another student had sexually assaulted her twice and then stalked her in  2022.

OCR determined that  the Conservatory’s defective response violated Title IX at every stage of  investigation and resolution. First, the Conservatory did not provide the  student with reasonable, individualized supportive measures designed to  preserve her equal access to its education programs. As a result, the student  lost access to certain classes, tutorials and performances that were part of  her education program during the pendency of the Conservatory’s investigation.  Then, in the investigation phase, the Conservatory failed to provide both the  student and the respondent written notice of its Title IX grievance process and  the alleged misconduct that the Conservatory investigated, failed to offer both  parties the opportunity to review relevant evidence in the investigative report  at least 10 days prior to its completion, failed to ensure the report included  all that the Title IX regulations require, and failed to hold a live hearing.

At  the determination stage, the Conservatory failed to identify the investigated  allegations, to make a determination regarding each alleged assault and the  stalking, and to notify the student of her right to appeal the sexual assault  determination. At the resolution stage, OCR found the Conservatory’s responses  to the student’s multiple reports that the respondent had violated the active  avoidance order and stalked her to be clearly unreasonable in light of known  circumstances. OCR also determined that the Conservatory’s Title IX grievance  procedures themselves did not comply with the Department’s Title IX  regulations, and that the Conservatory did not fulfill its Title IX  recordkeeping obligations.

The  resolution agreement reached today commits the Conservatory to take steps  needed to ensure nondiscrimination on the basis of sex in all of its education  programs and activities.

“This  resolution agreement with the San Francisco Conservatory of Music addresses its  multiple failures to respond to alleged sexual assault and stalking as Title IX  requires,” said Catherine E. Lhamon, Assistant Secretary for Civil Rights.  “Today’s agreement commits the Conservatory to comply with Title IX to protect  all its students in the future.”

The  Conservatory’s commitments in the resolution agreement include the following:
- Reviewing and revising its       Title IX policies, grievance procedures, and Notice of Nondiscrimination       to comply with the Title IX regulations.
- Training and issuing a guidance       memorandum to its Title IX Coordinator and all staff members responsible       for responding to and investigating reports of sexual harassment. 
- Providing OCR with information       about all complaints of sexual harassment, including sexual assault and       stalking, to the Conservatory in the 2021-2022, 2022-2023, and 2023-2024       academic years, including how it responded. 
- Taking steps to protect the       student on the Conservatory’s campus or on property under the       Conservatory’s control, including classrooms, performance spaces, and       dorms. 
- Offering to reimburse the       student for health-related costs to address the effects of the       Conservatory’s noncompliant response to her allegations of sexual       harassment. 
- Providing the student and the       respondent with a copy of the investigative report. And, 
- Providing the student with the       opportunity to retake at no cost any class in which her grade was       negatively affected as a result of the Conservatory’s deliberately       indifferent response to her reports of alleged sexual assault, stalking,       and violations of the order.

The  resolution letter and resolution agreement are available on the Office for Civil  Rights website.
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