August 15, 2013

IN RESPONSE, PLEASE REFER TO: 03-12-2062

Dr. Craig Turner
President
Kentucky Wesleyan College
3000 Frederica Street
Owensboro, KY  42301

Dear Dr. Turner:

This is to notify you of the resolution of the above-referenced complaint filed with the Office for Civil Rights (OCR), U.S. Department of Education (the Department), against Kentucky Wesleyan College (the College). Specifically, the Complainant alleged that the College discriminated against her on the basis of sex by failing to promptly and effectively respond to a sexual assault and by XXXXXX.

OCR is responsible for enforcing Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, and its implementing regulation, 34 C.F.R. Part 106.  Title IX prohibits discrimination on the basis of sex in any education program or activity operated by a recipient of Federal financial assistance.  As a recipient of Federal financial assistance from the Department, the College is subject to these laws. 

Under OCR procedures, a complaint may be resolved before the conclusion of an investigation if a recipient asks to resolve the complaint by signing a voluntary resolution agreement.  The provisions of the agreement must be aligned with the complaint allegations and be consistent with applicable regulations.  Such a request does not constitute an admission of liability on the part of a recipient, nor does it constitute a determination by OCR of any violation of our regulations. 

Consistent with OCR’s procedures, the College requested to resolve the complaint through a voluntary resolution agreement (the Agreement), which was executed on August 13, 2013.  Accordingly, OCR is concluding its investigation of this complaint.  A copy of the signed Agreement is enclosed.  As is our standard practice, OCR will monitor the College’s implementation of the Agreement. 

This letter is not intended, nor should it be construed, to cover any other issues regarding the College’s compliance with Title IX and its implementing regulations that may exist and are not discussed herein. 
Thank you for your cooperation in this matter.  If you have any questions, please feel free to contact Linda Thomas, of our staff, at (215) 656-8553, or by email at linda.thomas@ed.gov.

Enclosure

cc:       Michael A. Owsley, Esquire (by email)