U.S. Department of Education Launches Multiple Investigations Based on Reports of Staff-on-Student Sexual Misconduct

As part of its nationwide initiative to crack down on "Pass the Trash" practices, the U.S. Department of Education's Office for Civil Rights (OCR) today opened investigations into various school districts based on allegations of staff-on-student sexual misconduct. OCR will determine whether the districts' handling of alleged sexual harassment, including sexual assault, by district teachers, administrators, and other school personnel violated Title IX of the Education Amendments of 1972 (Title IX).

OCR launched a directed investigation into the New York City Department of Education for its alleged systemic and disturbing pattern of enabling abuse in schools. According to reporting, nearly two thousand complaints filed under the state's Child Victims Act accuse a school, educator, or staff member of sexual abuse. What is most chilling is that instead of protecting the students to ensure these incidents would never happen again, the schools allegedly allowed the accused to evade punishment and resign. Or, even worse, New York City allegedly let educators named in complaints remain in their job, even after a settlement.

Additionally, OCR is opening an investigation into Jefferson County Public Schools, which has faced intense scrutiny and parent-led protests regarding systematic staff misconduct, including at least four recent staff arrests for sexually assaulting students on campus.

OCR is opening additional investigations into school districts in California, Georgia, North Carolina, Missouri, Texas, and Virginia, alleging that the districts failed to respond as required to reports of staff-on-student sexual misconduct allegations. These investigations will examine reports across these districts that include allegations that a teacher touched the private parts of young elementary school girls in the classroom; a paraprofessional assigned to work with a student with a disability sexually harassed the student in question; a coach groped female student athletes; a staff member groomed a middle school student; and more unsettling accounts.

"Sexual misconduct in schools, especially by the adults entrusted with students' care, is insidious. Schools have a duty to protect students from sexual harassment in schools and to respond appropriately when sexual misconduct occurs, especially when the predatory behavior is committed by school staff," said Assistant Secretary for Civil Rights Kimberly Richey. "Parents and families should be able to send their kids to school without fear that they will be targeted by school staff. By opening these investigations, our message is clear: we will always protect our children so parents should never have to wonder if their kids are safe at school."

Background

The Office for Civil Rights enforces Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in education programs and activities receiving federal financial assistance. Title IX requires schools with knowledge of sexual harassment or sexual assault to respond promptly and in a manner that is not deliberatively indifferent.

The Elementary and Secondary Education Act (ESEA) also requires states and school districts receiving federal funds to maintain policies that prohibit school employees, contractors, agents, and educational agencies from assisting individuals believed to have engaged in sexual misconduct involving a student in obtaining new employment with another educational institution. These protections are intended to prevent the practice commonly known as "passing the trash."

The U.S. Department of Education will vigorously enforce ESEA and Title IX to ensure schools fulfill their legal obligations, protect students from sexual misconduct, and provide every child with a safe learning environment. Institutions that fail to comply with federal law may face enforcement action, including the potential termination of federal financial assistance.

Anyone who believes that a school, school district, or state educational agency has failed to comply with ESEA or Title IX may file a complaint with OCR. Information about filing a complaint is available on OCR's website.