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UNITED STATES DEPARTMENT OF EDUCATION
OFFICE FOR CIVIL RIGHTS
MIDWESTERN DIVISION, CHICAGO OFFICE
JUL 20 2005
Re: OCR Docket #05-05-2099
Dear [Name Redacted]:
On June 14, 2005, the U.S. Department of Education (Department), Office for Civil Rights (OCR) received your complaint of race and sex discrimination against Capella University (University). In this complaint you alleged that the University discriminated against you on the basis of race and sex on May 19, 2005, when it failed you on your comprehensive examinations and expelled you from the University in a letter dated June 29, 2005, OCR advised you of its unsuccessful efforts to contact you by telephone to obtain information needed to clarify your complaint. The letter identified the information OCR was seeking and asked that you provide the requested information within 20 days. You were advised that the information could be provided in writing or via the telephone. We also advised you that if you did not provide the requested information within 20 days of the date of our June 29 letter, we would then complete an evaluation of your complaint based upon the information you had already submitted. You have not contacted OCR and twenty days have elapsed. We have completed our evaluation of your complaint based on the information you. have provided.
As a recipient of Federal financial assistance from the U.S. Department of Education, the University is subject to the provisions of Tide VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq., and its implementing regulation at 34 C.P.R. Part 100, which prohibits discrimination on the basis of race, color or national origin. Additionally, the University is subject to the provisions of Title lx of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq., and its implementing regulation, 34 C.F.R. Part 106, which prohibits discrimination on the basis of sex. Accordingly, OCR has jurisdiction over this complaint.
In support of your allegations, you told OCR that on May 19, 2005, three University faculty members failed you on your comprehensive examinations and that you felt you were failed because you are a black male. You told OCR that all three committee members, two males and one female, were white, that the University gave you little choice on who would serve as your comprehensive committee members, and that before you were expelled, you had a 3.87 grade point average. You did not submit any additional information to support your claim that the decision to fall you on your comprehensive examinations and to expel you from the University was discriminatory on the basis of race or sex.
In order for OCR to proceed with an investigation, a complainant must provide OCR with sufficient information to support the factual basis for the complainant's belief that discrimination has occurred and when it occurred. After carefully considering the information you submitted, OCR has determined that the information is not sufficient to support your belief that you were discriminated against on the basis of your race and sex. You did not provide any evidence to suggest that you were treated differently than other non-African American or female students or otherwise discriminated against regarding your failure on the comprehensive examinations or subsequent dismissal from your degree program. Therefore, OCR will not proceed with an investigation of your complaint.
OCR is closing your complaint as of the date of this letter. If you have any questions or concerns about OCR's determination, you may contact Mr. Samuel Hall, Senior Equal Opportunity Specialist, at 312.886.8382. If you still have concerns after speaking with Mr. Hall, you may send a written request for reconsideration focusing on any specific legal or factual concerns that could change the disposition of the case to the Director of the Chicago Office at the above address within 60 days of the date of this letter.
Sincerely,
David Blom
Team Leader
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