K-12 Education: Prevention and Response to Adult Sexual Misconduct in Junior Reserve Officers' Training Corps Programs

What GAO Found

The Junior Reserve Officers' Training Corps (JROTC) is a Department of Defense (DOD) program operating in over 3,400 U.S. public high schools. It is designed to educate students on leadership and citizenship. DOD provided about $439 million in total funding for JROTC in fiscal year 2024. Each military service administers and funds its own JROTC program jointly with participating high schools. In general, JROTC instructors are former or current officers or noncommissioned officers who are certified by their respective military service and employed by schools. In 2022, allegations that JROTC instructors had inappropriately touched, spoken to, or sexually assaulted students raised safety questions about the program.

DOD, the military services, host schools, and Education have varying responsibilities in implementing JROTC and addressing allegations of adult sexual misconduct in the program (See fig 1). DOD sets policies and guidance for JROTC. The military services' and school districts' responsibilities are laid out in a Memorandum of Agreement (MOA). Prior to fall 2024, each military service had its own agreement, but the Fiscal Year 2024 National Defense Authorization Act required DOD to develop a standardized one.

Figure 1: Selected Roles and Responsibilities for the Junior Reserve Officers' Training Corps (JROTC)

^aThe Air Force administers the Space Force JROTC program. The Coast Guard also administers a JROTC program under the Department of Homeland Security. This report does not examine Coast Guard JROTC.

Based on responses to its nationally generalizable survey of school administrators, GAO estimates that 2 to 7 percent of public high schools with JROTC programs had at least one JROTC instructor who was the subject of an adult sexual misconduct allegation in the prior 5 years. Of the schools with at least one allegation, an estimated 6 percent had at least one substantiated allegation, based on GAO's survey. Schools are to address allegations of instructor misconduct in accordance with their school district policies. They are also to notify the military service of investigations into alleged JROTC instructor adult sexual misconduct and discipline against instructors.

An estimated 89 percent of public high schools with JROTC programs have mandatory training for all school staff-including JROTC instructors-on topics such as recognizing and reporting adult sexual misconduct. An estimated 45 percent require this type of training for students.

According to responses to GAO's survey, an estimated 48 percent of school administrators drop in to observe JROTC classes at least twice a month, and an estimated 30 percent do so monthly. For on-campus JROTC activities that occur outside of school hours, an estimated 18 percent of school administrators drop in frequently and 48 percent do so occasionally. These visits can make administrators aware of and provide an opportunity to address inappropriate instructor behavior, including behaviors that may escalate to adult sexual misconduct.

An estimated 49 percent of schools' codes of conduct policies require the presence of two adults-who could be JROTC instructors or other school staff-for activities outside of regular school hours. In addition, an estimated 43 percent of school policies require the presence of a male and female adult for coed activities outside of regular school hours. Schools may face challenges in having both male and female adults present during coed JROTC activities outside of regular school hours because relatively few JROTC programs (an estimated 11 percent) have both a male and female instructor.

In September 2023, DOD entered a Memorandum of Understanding (MOU) to share information about allegations of adult sexual misconduct in schools that host JROTC programs with the Department of Education. Title IX of the Education Amendments of 1972 generally prohibits sex discrimination-which under certain circumstances includes adult sexual misconduct-in an education program or activity that receives federal funding, such as public schools. The MOU states that Education's Office for Civil Rights will send DOD resolution letters, letters of findings, and resolution agreements pertaining to complaints alleging discrimination in JROTC programs or activities in violation of federal civil rights laws. In addition, the MOU states that DOD will notify Education of all complaints alleging discrimination in violation of federal civil rights laws, including sex discrimination in JROTC programs. DOD officials told GAO they notify Education of all allegations of adult sexual misconduct that could meet Education's definition of sex discrimination.

Why GAO Did This Study

GAO was asked to examine how schools implement JROTC and how Education coordinates with DOD regarding adult sexual misconduct in the program. Sexual misconduct can be a type of sex discrimination. For the purposes of this report, GAO defines adult sexual misconduct as an adult sexually assaulting, sexually harassing, or attempting to develop an intimate or sexual relationship with a student.

To provide this information, GAO conducted a nationally generalizable survey of school administrators in public high schools with JROTC programs. The survey asked how schools oversee JROTC, how they prevent and respond to any allegations of adult sexual misconduct, and whether administrators were aware of any of adult sexual misconduct allegations against their school's JROTC instructors in the prior 5 years.

GAO also interviewed Education and DOD officials about how they communicate regarding adult sexual misconduct in JROTC programs, and the agencies' MOU.

For more information, contact Jacqueline Nowicki at [email protected].