Case: Department of Education OCR Title IX Investigation of BioHealth College

09-11-2027 | No Court

Filed Date: May 13, 2011

Closed Date: Oct. 7, 2011

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Case Summary

On November 17, 2010, a female student attending BioHealth College in San Jose, California filed a complaint with the US Department of Education, San Francisco Office for Civil Rights (OCR) alleging discrimination on the basis of sex. The complainant asserted that that she was subjected to sexual harassment and assault by a school employee in 2010 and that the College failed to respond appropriately when she gave it notice. On November 22, 2010, OCR opened an investigation. It reviewed document…

On November 17, 2010, a female student attending BioHealth College in San Jose, California filed a complaint with the US Department of Education, San Francisco Office for Civil Rights (OCR) alleging discrimination on the basis of sex. The complainant asserted that that she was subjected to sexual harassment and assault by a school employee in 2010 and that the College failed to respond appropriately when she gave it notice.

On November 22, 2010, OCR opened an investigation. It reviewed documents from BioHealth College and conducted interviews with relevant parties. Six months later, the OCR published a letter of findings determining that the college’s sexual misconduct policy was not compliant with Title IX. However, OCR also concluded that BioHealth College’s response to the complainant’s specific allegations was not in violation of any law.

In conducting its investigation, OCR found that the College failed to adequately distribute its nondiscrimination policy, failed to indicate that harassment by faculty and staff against students was prohibited, and failed to identify a designated Title IX coordinator to the community. Furthermore, BioHealth College’s complaint procedure was inadequate, as it was not specific to Title IX and did not include the required substantive and procedural safeguards (like a prompt timeline for resolution).

With respect to the college’s handling of the complainant’s specific case, OCR found that the President had immediately suspended the alleged perpetrator, conducted a thorough and fair investigation in which the complainant was allowed to present evidence, and provided prompt notice of the outcome to the complainant. The President determined, based on his investigation, that the faculty member had violated the policy regarding fraternization amongst students and employees and that the sexual conduct was consensual. In response, the President issued the faculty member a written warning but did not terminate his employment.

On May 11, 2011 the College President signed a resolution agreement with OCR where it agreed to modify its policies to be in compliance with Title IX. BioHealth College specifically committed to:

  • Modify its nondiscrimination statement to indicate that faculty and staff were prohibited from engaging in sex discrimination, including sexual harassment.
  • Publicly identify the Title IX Coordinator.
  • Develop and publish a procedure to resolve sex discrimination complaints.
  • Submit to reporting and monitoring requirements through August 2011.

Because OCR found that complainant was not personally subjected to discrimination, she did not receive any victim-specific remedies.

On October 7, 2011, OCR determined that BioHealth College was in substantial compliance with the resolution agreement and thus closed its monitoring.

Summary Authors

Hope Brinn (12/2/2018)

Documents in the Clearinghouse

Document

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[Notification letter for BioHealth College]

Nov. 18, 2010

Nov. 18, 2010

Notice Letter

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[Notification letter for BioHealth College]

Nov. 22, 2010

Nov. 22, 2010

Notice Letter

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[Notification letter for BioHealth College]

Nov. 22, 2010

Nov. 22, 2010

Notice Letter

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[Data request for BioHealth College]

Dec. 22, 2010

Dec. 22, 2010

Discovery Material/FOIA Release

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[Findings letter for BioHealth College]

May 13, 2011

May 13, 2011

Findings Letter/Report

Resources

Docket

Last updated Aug. 30, 2023, 2:26 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: California

Case Type(s):

Education

Special Collection(s):

Title IX, Sexual Violence Investigations/Resolutions

Key Dates

Filing Date: May 13, 2011

Closing Date: Oct. 7, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The complainant is a female student enrolled at BioHealth College.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

BioHealth College (San Jose, Santa Clara), Private Entity/Person

Defendant Type(s):

College/University

Case Details

Causes of Action:

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Special Case Type(s):

Out-of-court

Available Documents:

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 0

Order Duration: 2010 - 2011

Content of Injunction:

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Reporting

Issues

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

Type of Facility:

Non-government for-profit