OCR Announces Resolution Agreement of Sex Discrimination Investigation of Nash County Public Schools in North Carolina
In September 2023, the U.S. Department of Education’s Office for Civil Rights announced that it has resolved a Title IX investigation of the Nash County Public Schools (the District) in North Carolina. This matter was resolved before OCR made any findings of violations, but OCR did identify compliance concerns.
The two allegations were that staff discriminated against female students on the basis of sex (1) in the implementation of the dress code and (2) in the staff members’ failure to respond appropriately under Title IX to reports they made about feeling unsafe during school because of threats of sexual violence made online.
The District had held a girls-only assembly about dress code compliance, and told them to “save the showing of [their] bodies for later” and linked girls’ clothing choices to boys’ poor behavior. The District’s stated purpose for holding sex-separated assemblies was to address the sexual violence threats made online, but OCR found that dress code compliance and potential online harassment “bore no actual relationship” to each other, and there was no evidence that a similar assembly was to be held for boys.
Regarding the response to the online threats, the District said it did not have actual knowledge of the conduct, but OCR reviewed documentation that indicated otherwise. OCR wrote in its letter that it appeared the District deferred to law enforcement and did not investigate or otherwise respond, other than holding the girls-only assembly described above.
OCR indicated that the following would be expected in a school’s response or reaction to concerns about social media posts with sexually harassing content:
- Investigation,
- Consideration of the need for supportive measures,
- Directing students and parents to the Title IX grievance procedures, and
- Directing students and parents to the Title IX coordinator.
The brief resolution agreement requires amending the dress code to ensure it does not discriminate on the basis of sex, including sex stereotypes, and to provide information for students, parents, and staff about how to file a complaint with the Title IX Coordinator if they believe the dress code is being implemented improperly.
The agreement also requires training for all teachers, administrators, and support personnel about the District’s grievance procedure and Title IX obligations; when sex separation is permitted under Title IX; and how to enforce the dress code appropriately under Title IX.
Lastly, the agreement requires a review of past reports to determine whether those reports require investigation and/or supportive measures.
As always, this resolution agreement is not binding on other schools or institutions, but its content can include important takeaways or reminders. In particular, these facts may lead to internal discussion about the following:
- How is our school or institution monitoring social media platforms, or posts involving our students, if at all?
- How are we documenting concerns raised about our students’ or employees’ online behavior? And are we documenting concerns raised informally, or that are overheard, or only those reported more formally in writing?
- What kind of outreach is conducted to students impacted by such online conduct, if any?
- Do we have a dress code, and is it enforced? Is it equitably enforced?
- When do we have sex-separate events or meetings, if ever?
These questions may lead to discussions that create more clarity and consistency among school or campus leadership about expectations and practices.
OCR’s letter to the District is here, and the resolution agreement is here.