U.S. Department of Education Secures Resolution Agreement with Virginia Beach City Public Schools to Restore Protections Against Sexual Misconduct

Today, the U.S. Department of Education's (the Department's) Office for Civil Rights (OCR) announced that Virginia Beach City Public Schools (the District) has entered into a resolution agreement to restore protections for students who have reported sexual misconduct. OCR had previously determined that the District violated Title IX of the Education Amendments of 1972 (Title IX) by failing to adequately investigate and record reports of sexual misconduct against students.

For the three school years from 2017 through 2020, the District's records revealed roughly 117 incidents of sexual harassment, 88 incidents of indecent exposure by a student, one incident of forceable rape, and 8 incidents of inappropriate touching by an employee or sexual intercourse between an employee and a student, among many other alleged sexual offenses. For that entire period, the District could only produce 12 investigation reports.

"Today's Resolution Agreement with Virginia Beach Public Schools marks a critical step toward ensuring students are protected from sexual misconduct at the hands of teachers and school officials," said Assistant Secretary for Civil Rights Kimberly Richey. "We are encouraged by the District's willingness to work with OCR to remedy its Title IX violations and take the necessary steps to comply with federal law. The Trump Administration will never relent in ensuring that every student is safe and protected in their schools and will continue to hold school districts accountable for meeting their legal obligation to address sexual misconduct with the full support, resources, and processes the law requires and our children deserve."

The Virginia Beach City Public Schools has signed OCR's Resolution Agreement to resolve its Title IX violations, which requires the District to take the following actions:

1. Update its Title IX policies to make sure there are fair grievance procedures for both student-on-student and employee-on-student allegations of sexual misconduct or assault;
2. Provide OCR with an updated Nondiscrimination Statement for approval and widely distribute it, including by posting on the District's website and publishing in student and employee handbooks;
3. Notify students, parents, and employees that the District has a designated Title IX coordinator who will properly implement investigation and grievance procedures,
4. Develop, with OCR's approval, a District-wide record-keeping system that preserves all records as required by Title IX, including interview notes and witness statements, support measures, and notice of outcomes to both parties;
5. Train all District employees on its Title IX policies and procedures, as approved by OCR, including how to identify sexual harassment, and employees' legal obligations to report sexual harassment, whether by students or employees;
6. Share with students and parents how the District defines sexual harassment, what resources are available for students, what actions students can take if they are victims, and what the Title IX Coordinator is responsible for; and
7. Ensure it responds to all reports or complaints of alleged sexual harassment, including employee-on-student harassment, in a manner consistent with Title IX, even if the accused employee resigns.

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