UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF THE SECRETARY

FOIA Service Center

November 29, 2019

Ms. Rachel Heimann

journalist
Rhodes HerCampus
19 S Evergreen St
Memphis, TN 38104

FOIA Request No.20-00296-F

Dear Rachel Heimann:

This is a final response to your request dated November 7, 2019, requesting information pursuant
to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. Your request was received in the
FOIA Service Center (FSC) on November 8, 2019, and was forwarded to Federal Student Aid
(FSA) within the Department of Education (the Department) for any responsive documents they
may have.

You requested:-I filed a Clery act complaint in May 2019. My investigator was Brian
Washington and it is now Donald Tantum

-I am seeking documents related to a Clery Act compliance assessments of Rhodes College done
by the Department of Education.

-Rhodes was notified about a compliance assessment on Aug. 28, and it was completed Sept. 30,
according to emails between the Department of Education’s Clery Act Compliance Division and
Rhodes college.

-My request includes a written email or document of Rhodes' technical assistance, held Sept. 4,
that said: “Our division verified their (sic) were multiple areas of concern and noncompliance
found in the Annual Security & Fire Safety report (ASFR), Drug Alcohol Abuse Prevention
Program (DAAPP), Title IX, and Daily Crime Log (DCL).”

-I am also requisition another email sent by Rhodes showing they made the required revisions to
these policies, communicating to the Department of Education the precise page numbers of the
required policy changes.
Page 2 - Rachel Heimann
FOIA Request 20-00296-F

-This would have included a deadline to updates to the drug and alcohol abuse policies will be
completed on Dec. 31, when that report is due.

-Among these documents would also be the finding that Rhodes College is now “minimally
compliant” with the Clery Act.

-I seek all supporting documents, emails and materials that were involved in this assessment.

The Department has carefully considered your request and has decided not to confirm or deny
the existence of the records you requested. Without an individual’s consent, proof of death,
official acknowledgement of an investigation, or an overriding public interest, confirming or
denying the existence of records concerning an individual could reasonably be expected to
constitute a clearly unwarranted invasion of personal privacy. See 5 U.S.C. § 552(b)(3) under
the Higher Education Act of 1965, Section 498A (20 U.S.C. § 1099c-l), as amended, and
(b)(7)(A).

You have the right to seek assistance and/or dispute resolution services from the Department’s
FOIA Public Liaison or the Office of Government Information Services (OGIS). The FOIA
Public Liaison is responsible, among other duties, for assisting in the resolution of FOIA
disputes. OGIS, which is outside the Department of Education, offers mediation services to
resolve disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to
appeals or litigation. They can be contacted by:

Mail FOIA Public Liaison Office of Government Information Services

Office of the Executive Secretariat National Archives and Records Administration
U.S. Department of Education 8601 Adelphi Road
400 Maryland Ave., SW, LBJ Room 2510
7C132 College Park, MD 20740-6001
Washington, DC 20202-4500
E-mail robert.wehausen@ed.gov OGIS@nara.gov
Phone 202-205-0733 301-837-1996; toll free at 1-877-684-6448
Fax 202-401-0920 301-837-0348

You have the right to appeal this decision by writing to the address below, 90 calendar days from
the date of this letter. Using the services described above does not affect your right or the
deadline to file an appeal. Your appeal must be in writing and must include detailed statement of
all legal and factual bases for the appeal; it should be accompanied by this letter, a copy of your
initial letter of request, and any documentation that serves as evidence or supports the argument
you wish the Department to consider in making an administrative determination on your appeal.
Page 3 - Rachel Heimann
FOIA Request 20-00296-F

Appeals may be submitted using the on-line form available at

www.ed.gov/policy/gen/leg/foia/foia-appeal-form.pdf.

E-mail: EDFOIAappeals@ed.gov
Fax: 202-401-0920
Mail: Appeals Office
Office of the Executive Secretariat
U.S. Department of Education
400 Maryland Avenue, SW, LBJ 7W106A
Washington, DC 20202-4500

If you have any questions, please contact the FOIA Service Center at (202) 401-8365 or visit our
homepage at www.ed.gov.

Sincerely,

Sandra Lewandowski
Sandra Lewandowski
Government Information Specialist
Office of the Executive Secretariat
 UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF THE SECRETARY

FOIA Service Center

November 25, 2019

Ms. Rachel Heimann

Journalist
Rhodes HerCampus
19 S Evergreen St
Memphis, TN 38104

RE: FOIA Request No.20-00296-F

Dear Rachel Heimann:

This letter is in response to your request dated November 7, 2019, requesting information
pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. Your request was received
in this office on November 8, 2019. Your request has been assigned to the FSA within the
Department to search for documents that may be responsive to your request.

You have asked for expedited processing of your request. That request is granted. The Department
has concluded that you have demonstrated a loss of substantial due process rights of the requester
would be impaired by the failure to process immediately and that the information sought is not
otherwise available.

If you have any questions, please contact the FOIA Requester Service Center at (202) 401-
8365 or via e-mail at EDFOIAManager@ed.gov (please include the case number).

Sincerely,

Shahanga Lee
Government Information Specialist
FOIA Service Center
 UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF THE SECRETARY

FOIA Service Center

November 25, 2019

Ms. Rachel Heimann

journalist
Rhodes HerCampus
19 S Evergreen St
Memphis, TN 38104

FOIA Request No. 20-00296-F

Dear Rachel Heimann:

This letter is in response to your request dated November 7, 2019, requesting information
pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. Your request was received
in this office on November 8, 2019. Your request was assigned to the Federal Student Aid
within the Department to search for documents that may be responsive to your request.

You have asked for a waiver of all fees, including duplication fees, associated with processing
your request based on your requester category as News Media requester. Based on the
information you submitted for a fee waiver, that request is granted.

You have the right to seek further assistance from the Department’s FOIA Public Liaison, Robert
Wehausen. The Department’s FOIA Public Liaison can be reached by:

Mail: FOIA Public Liaison

Office of the Executive Secretariat
U.S. Department of Education
400 Maryland Ave., SW, LBJ 7C132
Washington, DC 20202-4500
E-mail:Robert.Wehausen@ed.gov
Phone: 202-205-0733
Fax: 202-401-0920

If you have any questions, or would like the original signed copy of this letter, please contact
the FOIA Requester Service Center at (202) 401-8365 or via e-mail at
EDFOIAManager@ed.gov.
Sincerely,

Shahanga Lee
Government Information Specialist
Office of the Executive Secretariat
 UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF THE SECRETARY

FOIA Service Center

November 26, 2019

Ms. Rachel Heimann

Journalist
The Sou’wester
19 S Evergreen St
Memphis, TN 38104

RE: 20 –DAY NOTIFICATION 20-00296-F

Dear Rachel Heimann:

This is the Department of Education’s (the Department) initial determination letter to

your request dated, November 7, 2019, seeking information pursuant to the Freedom of
Information Act (FOIA), 5 U.S.C. § 552. Your request was forwarded to the appropriate
office(s) within the Department for any responsive documents they may have.

Due to the unusual circumstances that exist with your FOIA requests as defined by
U.S.C. § 552(a)(6)(B)(i)(ii), the Department will not be able to respond by the 20 day
statutory requirement. The scope of your FOIA requests requires the Department to
conduct a vast search across multiple program offices, which we anticipate will result in a
large amount of responsive records.

We aim to complete your requests as promptly as possible. At this time, we are unable to
provide an estimated completion date, but intend to provide records on a rolling basis as
they become available. Should you wish to narrow the scope of your requests, this action
may limit the number of potentially responsive records, and speed the necessary
processing.

You can check on the status of your FOIA request at the link provided below:
https://foiaxpress.pal.ed.gov/app/CheckStatus.aspx

You have the right to seek assistance and/or dispute resolution services from the
Department’s FOIA Public Liaison or the Office of Government Information Services
(OGIS). The FOIA Public Liaison is responsible, among other duties, for assisting in the
resolution of FOIA disputes. OGIS, which is outside the Department of Education, offers
mediation services to resolve disputes between FOIA requesters and Federal agencies as
a non-exclusive alternative to litigation.
Page 2 - Rachel Heimann
FOIA Request No. 20-00296-F
They can be contacted by:

Mail FOIA Public Liaison Office of Government Information Services

Office of the Executive Secretariat
U.S. Department of Education
400 Maryland Ave., SW, LBJ
7C132
Washington, DC 20202-4500
E-mail robert.wehausen@ed.gov
Phone 202-205-0733
Fax 202-401-0920
National Archives and Records Administration
8601 Adelphi Road
College Park, MD 20740-6001
OGIS@nara.gov
202-741-5770; toll free at 1-877-684-6448
202-741-5769

Sincerely

Elise Cook
Elise Cook
Government Information Specialist
Executive Secretariat