OCR Resolves Title IX Investigation at Virginia Beach City Public Schools
Author: Andrea Stagg, Director of Consulting Services
This week the U.S. Department of Education’s Office for Civil Rights announced that it resolved an investigation of the Virginia Beach City Public Schools. The investigation reviewed three years of District records, and all cases subject to review preceded the 2020 Title IX regulations. The investigation may have been part of the Department’s initiative to investigate staff-on-student sexual misconduct in K-12 schools, which references the issue of “pass the trash,” where employees suspected of sexual misconduct are transferred or reassigned rather than investigated. The announcement about this initiative reminds schools that referring matters to law enforcement does not relieve schools of their Title IX obligations.
OCR found that the District misclassified sexual misconduct reports only as “disciplinary issues” rather than assessing those reports through their Title IX grievance process. Further, OCR wrote that if employees accused of sexual misconduct resigned, the District “stopped investigating sexual harassment complaints against those individuals altogether.”
The press release also includes the steps the District must take as a result of this resolution, and many of those steps are typical for an OCR Title IX agreement, including updating Title IX policies, updating and publishing a nondiscrimination notice, broad notifications about the designation of the Title IX Coordinator and their role, and training, A few of the requirements stood out and are discussed further below.
Training
The District must train all employees, and such broad-based training is a fixture in most resolutions. The requirements go on to require that the District “[s]hare 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.” This requirement is interesting because it seems to allow for flexibility in the delivery of this information. It may be that the District shares this information in different ways for different segments of the student population, allowing messaging that is tailored for the various constituencies and designed to be age appropriate.
Develop a District-Wide Record-Keeping System
Any investigation will reveal opportunities to strengthen recordkeeping protocols. OCR is requiring the District to develop a District-wide recordkeeping system that will be approved by OCR. Such records will include “interview notes and witness statements, support measures, and notice of outcomes to both parties,” among other records. Whether a school chooses to purchase a comprehensive case management system like Case Tracker, or develop a homegrown recordkeeping protocol, we know that if there is not a record, it’s as if actions were not taken. Every conversation should be documented, a copy of every written communication should be saved in the file, and the rationale for actions taken (or not taken) should be included in the file notes. For more on case management best practices, including what should be in each file, check out our resource.
Addressing Employee-on-Student Complaints Even When the Employee Resigns
This particular section will stand out to frequent readers of OCR’s published letters and resolutions. The District is required to [e]nsure 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.” Schools have the option of continuing an investigation when an employee resigns but also have the opportunity to dismiss a formal complaint. The Title IX regulations allow for discretionary dismissal of a formal complaint when a respondent is no longer enrolled or employed by the recipient. Still, an appropriate response to a report involves more than processing a formal complaint. Schools can provide supportive measures to students even if the student does not file a formal complaint, or if the formal complaint is dismissed.
Recommendations
As always, remember that the requirements described in OCR’s press release are only for the Virginia Beach City School District. But each requirement is based on best practices. Consider how if, at all, your school is meeting these requirements. What is included in employee training, and how frequently are they trained? How is information shared, if at all, with students and parents about Title IX? What type of recordkeeping system do you use, and is it comprehensive and up to date? The responses to these questions can inform a self-assessment into your Title IX practices.
Contact us if you need support in reviewing your Title IX policies or training or developing new educational materials. Schedule your demo for Case Tracker, our comprehensive case management system.
