SYRACUSE UNIVERSITY COLLEGE OF LAW May 4, 2018 VIA EMAIL. US. Department of Education Office for Civil Rights Lyndon Baines Johnson Department of Education Bldg 400 Maryland Avenue, SW ‘Washington, DC 20202-1100 Email: ocr@ed.gov Re: Supplement to Complaint against Syracuse University’s Title IX Prosecution of 18 Fraternity Students for Engaging in Protected Free Speech Dear Department of Education: | previously filed a complaint dated May 2, 2028, on behalf of 3 of the 28 students charged by Syracuse University with violating Title IX in performing a skit as part of a fraternity initiation process. | alleged in the complaint that Syracuse University is discriminating against the students because they are male, that Syracuse University is conducting the proceeding in violation of the student’s fundamental rights to due process, and that Title IX is being used by Syracuse University for political purposes. Since that letter, Syracuse University has provided a new statement of charges (attached) showing the excessively broad scope and undefined nature of its Title IX claim. The University has also combined all 18 student cases into one Title IX proceeding that will cover both its Tite IX claims and its claims under the Code of Student Conduct. The hearings will be held using the Title Ix hearing panel, rather than the independent student panel required for Code of Conduct Claims. The hearings will be held this coming Wednesday, beginning at 8:30 a.m, The University has rejected the proposal to have independent tenured professors on the hearing panel, has refused to provide a coherent statement of the factual basis for the ciaims against the students, or to cooperate in any way with the student's requests for a fair hearing. It is now clear that no human being has filed a Title IX complaint with the Syracuse University Title IX department. The Title IX office that is administering the proceeding is the sole complainant, the prosecutor (a trained lawyer in the department will be making the University’s Title IX argument even though the students must defend themselves without counsel able to speak], and has complete control over the appointment of the hearing panel with administrators beholden to the Chancellor for the jobs, and the conduct of the proceeding. I realize that the Department will likely be unable to investigate and intervene in this proceeding by next Wednesday. However, the only chance that the students have for a fair proceeding as opposed to a ‘ifce of he Fasuty) Dineen Halt] Ste. 211] 960 tring Ave. Syracuse, NY 13244] p 215.443.2524)4 325.045.4101 |law.syedaUSS. Department of Education May 4, 2018 Page 2 complete sham proceeding in violation of the student's civil rights, is for the Department to call Syracuse University’s legal counsel to advise the University that a complaint has been filed, that the Department is unable to address the complaint in the time allotted, but that the Department will be watching the case. If there is to be any fairness to the process, the University must know that it cannot violate the student’s due process rights with complete impunity and in secret | beg the Department to call Syracuse University’s general counsel, Daniel J. French, at (315) 443-9732, or by email at difrench@syr.edu, to advise him that complaints have been filed, and that the Department will be watching, Thank you for your consideration. Sincerely, Gregory Gerrfain Procedural Advisor for 3 Students Charged under Title IX Professor of Law Syracuse University College of Law Dineen Hall, Suite 314 950 Irving Avenue Syracuse, NY 13244-6070 Telephone: (315) 443-3757 Email: glgermai@syr.edu CC: Department of Justice, Civil Rights Division (by email to education@usdoj gov)Cac 3.2018 Sent — suo! _— ‘This is to inform you that the University Conduct Board will hear the student conduct/Title IX complaint fled against you by Syracuse University. The hearing has been scheduled for Wednesday, May 9, 2018, at 8:30am, in the Melanie Gray Ceremonial Courtraom (MECC) on the fist floor of Dineen. Hall, 950 Irving Avenue, Syracuse, New York 13244. Because thismatter Involves violations of the Code of Student Conduct based on gender-related harassment, the matter ls governed by the rulesset forth In Past 10 of the Student Conduct System Handbook (*Hendbook”), which can be found at the Office of Student Rights and Responsibllies website -studenteonducesyradu. Pursuant to Rule 10.49 of the Handbook, a University Conduct Board wil render a decision on all Code of Student Conduct violations that have been charged. 1 ‘encourage you to review the Handbook priorte the heating, ‘The complaint alleges violations of the following section(s) of the Code of Student Conduct: ‘Section 1) Physteal harm or threatof physical harm to any person or persons, jacluding, but nat limited tor assault, sexuatabuse, or other forms of physical abuse, Section 2) Harassment - whether physical, verbator electronic, oral, written or vkleo ~ whichis beyond the bounds of protected free speech, directed ata specificindividual(s), easily construed as “fighting words” or hkely to cause an immediate breach of the peace. Section 3) Conduct - whether physical, verbal or electronic, oral, written orvideo~ which threatens themental health, physical health, or safety of any personsiacluding, but not fimited to hazing, drug or alcohol abuse, bullying or other forms of destructive behavior. ‘Section 10) legal use, possession, purchase, distribution, manufacture or sale of alcabol, drugs: ‘oc controlled substances, or any other violation of the Syracuse University Policy on Alcohol, ‘Other Drugs, and Tobacco.Section 15) Violation of University poticies rules or reguiations that are publishedin the Student Handbook, or ther official University publications or agreements: # Syracuse University Office of Fraternity and Sorority Affairs Policy © Sexual Abuse and Harassment: Chapterswillnot tolerate orcondone any fours of sexist or sexually abusive behavior on the part ofits members, whether physical, mental or emotional. Thisistoinclude any actions, activities or events, whether on chapter premises or an ofF-sitelocation which are demeaning to women of men, Including but not limited to verbal harassment, sexual assault by individuals or membersacting together. ‘= Syracuse University Anti-Harassment Policy © Probibited Harassment: Members of the Syracuse University community are protibited from engaging In Harassment, Harassment fs defined atthe University as unwelcome conduct or speech directedat anindividualor group of individuals, based onaProtected Category, whichis so severe or pervasive that it unreasonably Interferes with an individual's work. performance, terms oF employment, educatlonal program participation.or it creates an etimidating, hostile, o offensive enviconment for studly, work. or social living. To qualify as Harassment under this palicy, the speech or conduct mystbe both viewedby thelistener(s) as Harassment, and be objectively severeor pervasive enough thatareasonable person would agree that thespeech or conduct constitutesharassment-In determining whether reported speech or conduct qualifiesas Harassment under this policy, the University will consider ll iecumstances surrounding the reported ineident(s), including, without imitation, the frequency, location, severity, context, and nature of the speach or conduct, including whether the speech or conduct Is physieally threatening or hureliating, rather thana mere offensive remark. The Unlversity will also consider the intent of the speaker(s). + Syracuse University Sexual Harassment, Abuse and Assault Prevention Policy ‘Sexual Harassment: Syracuse University defines sexual harassment as, unwelcome behavior of a sexual nature that relates tothe gender or sexual identity of anindividual end that has the purpose or elfect oF ere intimidating. offensive or hostite enviconment for study, work, or social ving,The courts have recognized two forms of sexual harassment claims under Title Vit ofthe Civil Rights Act of 1964: quid pro quo” claims and “hostile environment” claims, ‘The “quid pro quo” claim (literally “this for that") iavolves harassment in which a supervisary employee or academic superior demands sexual favors In exchange for ob or academic benefits over which that supervisor has sonte control orinfluence. The “hestile work environment” claim involves, unwelcome behavior of a sexual nature that creates an intimidating or hostileenvironment. This standard pratibitsnot only behavior intendedto create ahostile environment, but also behavior that has the reasonably foreseeable effect of interfering with an individual's work, academic ‘pe¢formance, of social living. Anyone who contributes to the creation ofa “hostile work environment” may beheld lable for sexual harassment, including the employer or its agents, If they knew of orreasonably should have known of the harassing condltions. Sexualharassment is conduct that foeuseson a person's sexuality and/or ‘genddar,rather than on that person's contebutlons, asa student or ‘employee, to the University It encompasses the full range of coercive, unwelcome behavior, from subtle psychological force, to grass physical abuse. These actsmay be visual (ex. leering. ogling, and physical gestures conveylag.a sexual meaning), verbal (eg, sexual nuendoes, suggestive cemarks, sexvally derogatory jokes), written (eg, sexually suggestivee- ‘mail,cartoons or letters), or physical (e.g. hugging, pinching or Fondling), ‘Sexual harassment may encompass acts of sexual violence, Including ape, sexual assault, sexual attery,and sexval coercion, Sexcal harassment also Includes requests for sexual relations combined with threats of adverse ‘consequences f the person refuses, Conduct alleged to be sexval harassment willbe evaluated by considering the tatality of the particular circumstances, including thenature, Frequency, Intensity, location, context, and duration of the questioned behavior. Repeated incidents ora pattera of harassing behavior may be cause For serious corrective action. However, a moreserious incident, evenit isolated, may be sufficient eause for action under this policy.Moce specifically, this complain arises from events on or about March 30, 2018, at the Theta Taw {eatersity house, when itis alleged that you pasticipatedin the creation, direction, depiction, filming and/or dissemination of aproduction depicting sexually explicit activity demeasing women, the physically and developmentally disabled, and certain acial end ethnic groups. ‘The University Conduct System seeks aconstructiveresolution to this dispute, The primary purpose of the University Conduct Systemis ta educate and protect all members of the University community. ‘The purpose of the hearing isto provide the opportunity for the complainant and respondent students tapresentallcelevant information and other evidence with regacd to alleged violations of the Code of ‘Student Conduct. Sanctions, If mposed, are meant to stop the probibited conduct, preventit from happening agalo, and to address the impact on the University community. The University Conduct Board will determina whether itis more ikely than not that you violated University policy, by applying 2 preponderance oftha evidence standard. The University Conduct Board will review the investigative report and accompanying materials. The University Conduct Board also hasthe discretion to conduct additonal witness interviews or gather additional informationat the hearing. ‘The complainant and respondents will beinvited to speak to the University Conduct Board, butino party is required to attend the hearing. Nopasty willbe permitted to cross-examine the other party. If you wish to present any Information to the Board diceetly, please Inform Erte Nestor via cemall at emnestor@ayr.edu by May 8, 2018 at 8:30.a.m, If youare unsble te patlipatein person, wa canarrange for you to participate via phone or Skype. IFyouwish to participate via phone, please email Eric Nestor via email at ennastor@evedu by May 8,2018 at 8:30 am. ‘Toensure timely and equal access toll information, there will bea single hearing for all 16 respondents Identifiedin the iavestigative reportin this matter, and all 16 willbe permittedto remainin the hearing 00m for theduration of the hearing, The hearing will commence with a presentationby the primary investigator from the Departmentof Public Safety, and then eachrespondent who provides the appropriate advance notice that they wish to speakwill be permitted to speakto the University ‘Conduct Board. The three-member Board will then determine, by a preponderanceof the evidence, “whether the individual respondents are responsible fot violating University policies. Inthe event any respondents are found respansible For violating University policies, the University, Conduct Board will consider impact statements from those respondents prior to determining the appropriate sanctions, Respondents may submit, in a sealed envelope, animpact statement to the Board advisor at the hearing. The advisor will only transmit the impact statements to the Board for those respondents who are found responsible, fany. The advisor wil securely dispose of those impact ‘statements for respondents who are found not cesponsible, ifany. ‘You may be advisedin this matter by anadvisor of your chalee during the hearing, including, without imitation, anattorney, As set forth in Part 10.11 of the Handbook, advisors, including attorneys, mayprovide advice to you, but may nat write your statements or otherwise present your case foryou. An advisor may provide advice toyou during the hearing ia a manner that isnot disruptveto the proceedings, but may not otherwise participate. Should you choose to obtain a Syracuse University trained advisor, please contact the Office of Student Assistance via telephone at 315.443.4357, Please be advised that the Office of Student Rights and Responsibilities strongly recommends you {ndshate this process immediately to ensure the maximumn amount of assistance possible, Ht youbelteve that you need accommodations for adisability, please contact the Office of Disability ‘Services, located in Room 309 of 804 University Avenue, or call 315.443.4498 for an appolntmentto ‘discuss your needs and the process for requesting acconimodatlons before yourhearing date, The Office of Disabillty Services fs responsible for coordinating dtsabity-related accommodations and wil, tssue students with documented Disabilties Accommodation Authorization Letters, 2s appropriate. ‘Since accommodations may require early plansing snd ara tot provided retrosetivaly, please contact. the Office of Disability Services as soonas possible. Adkiionally per section 10-15 of the Handbook, youareinvitedto participatelna pre-hearing meeting to review the hearing process. Pfease contact the Office of Student Rights and Responsibilities at 315.443.3728 if you would ike to schedule an appointment prior to the bearing. [Fyoubave an advtsor assisting you with the conduct process, your advisor may attend thepre-hearingmeethnges well. ‘Should you have any questions regarding this process, please contact this officeat 315.443.3728, Eric MM. Nestor Associate Director CC: Senlor Assoclate Vice President for the Student Expertence and Dean of Students Tile IX Coordinator Officeof Student Assistance Department of Public SafetyFrom: Chancellor Kent Syerud Sent: Friday, May 4, 2018 11:14 AM To: Gregory Leo Germain Subject: Summer Update #1 Friday, May 4, 2018 Dear Students, Faculty and Staff: Over the last two weeks, | have spoken with hundreds of Orange community members, here ‘on campus and beyond. Through campus engagement sessions, small meetings and one-on-one conversations, students, faculty, staff and alumni have shared their experiences about living, learning and working at Syracuse University. In various forums, | have promised regular updates to the community about the work that needs to progress this summer. Today | write to update you on these critical areas: the student conduct process, Greek life, the College of Engineering and Computer Science, and resources and accessibility Student Conduct Process = Within the next week, hearings will get underway for the 18 students currently facing University conduct charges. None of these students will be participating in Commencement or Commencement-related activities next week. Greek Life + We have completed consultations with colleagues at eight universities across the U.S. to identify best practices surrounding a top-to-bottom review, including processes, programs, services, staffing, policies and culture within Greek Life. A tead candidate to chair the review team has been identified and an agreement is being drafted now. | expect to confirm and announce this appointment by June 1. College of Engineering and Computer Science + The College of Engineering and Computer Science has continued to facilitate dialogue and solicit feedback among students, faculty and staff through extended open office hours with the dean and department chairs, college meetings, leadership meetings, department meetings, small group discussions, classroom discussions and online venues. The college has decided to administer education for administrators in June, for faculty in August, for staff fall 2018, and teaching assistants and students in fall 2018 and spring 2019, respectively. + The college ts forming a diversity council, reviewing curricular practices and re-examiningprocesses for hiring and promotion. The Engineering and Computer Science faculty passed a resolution committing to participate in training on diversity, inclusion and bias. + The Provost, dean and academic leadership of the College of Engineering and Computer Science are planning concrete steps to address and improve the student culture and experience of all students in the college, with an emphasis on diversity and incluston as well as overall student success. Our next update will specify the steps and expectations for this process this summer. Resources & Accessibility + Sexual and Relationship Violence: The Title IX office is expanding its staff to add capacity to handle complaints of sexual violence or sexual harassment. The office has so far hired one new equal opportunity Title IX investigator. Searches have now commenced for an additional Title IX investigator, as well as a director of equal opportunity. Target hire dates for the two additional positions is July 1. + University Conduct Board Transcripts: Transcripts involving cases of sexual and relationship violence before the University Conduct Board will now be available at no charge to involved students. + Student Services: Dean of Students Robert Hradsky has initiated the hiring process for three new staff members in three areas: the Office of Multicultural Affairs, the Lesbian, Gay, Bisexual and Transgender (LGBT) Resource Center, and programs for international student orientation. All three positions will be filled by August. + The Counseling Center: Active recruitment is underway for the following positions, which will be filled by August 1: © four additional staff therapists; © a psychiatrist; and © an assistant director/training director to oversee six graduate student trainees and two behavioral health interns from the schools/colleges. + Bias Reporting: During multiple forums, | heard concerns about the STOP Bias program, which is available to all students, but needs to be understood and embraced widely. A communications plan will be drafted and approved by June 15 to better educate the campus community about how to report any occurrences of bias, discrimination and harassment. + Space Accessibility: Physical Plant and Campus Planning, Design and Construction are currently making ADA updates in residence halls, academic buildings and other campus facilities. They include updates to Day Hall, the Physics Building, the Regent Theater Complex, Brockway Plaza, the Hall of Languages and Maxwell Auditorium, Updates include improving accessibility in more than 100 student rooms, construction of ali-gender-accessible restrooms and new accessible classroom technology. These updates are scheduled for completion by the end of summer. + Disability Audit: The steering committee tasked with overseeing a comprehensive audit of disability services convened today. The committee is developing a request for proposals (RFP) for an expert consultant to help conduct the audit. The committee is also working to develop the survey that will be shared with campus constituents to determine the scope of the audit. Our next update will specify the timeline for this work. Education + First-year forums or other introductory courses: | have formally charged Provost Michele Wheatly and our deans with overhauling our first-year forums and new student onboarding approaches. In our next update, Provost Wheatly will provide a report on progress towardthat end. + Faculty resources: Interviews with finalists are underway this week for a founding director of the Center for Teaching and Leaming Excellence. We expect to hire this director by June 1. The center will serve as a resource to help our faculty enhance their pedagogical skills, inclusive of cultural competencies. | believe additional areas of opportunity for important improvement include human resources and communications. | expect to provide more detail on these areas in coming weeks. Our next update will come prior to Commencement. Sincerely, ad Chancellor Kent Syverud