In early December, OCR announced the resolution of a Title IX complaint at Paterson Public School District in New Jersey. OCR found the District violated Title IX (as amended in 2020) by failing to offer supportive measures to students, including failing to provide required notices and information about the availability of such supportive measures.
And OCR found that in the time period before the 2020 regulations, the District violated Title IX by failing to equitably respond to sexual harassment complaints. The District did not identify a Title IX Coordinator to its school community, did not have compliant grievance procedures, and did not coordinate its response to sexual harassment through its Title IX Coordinator.
OCR identified significant issues with the District’s recordkeeping on Title IX–related matters, finding incomplete files and inconsistencies among various reports or data filed by the District. Interviewed staff would refer to notes made on their phones or tablets, looking look at saved emails, rather than referring to a complete case file. OCR noted that case files should include information about whom filed the report, a description of the incident(s), witness and party interview statements, any outcome(s), and notification about disciplinary measures.
OCR also described instances where the District had stopped then abandoned an investigation or had never begun one when there was contemporaneous action from law enforcement.
The resolution agreement here includes the District publicizing the Title IX Coordinator’s information and role, ensuring the Coordinator fulfills their obligations under Title IX (and has sufficient training and resources to do so), updating policies and procedures, training students and employees, and adopting a recordkeeping system. Additionally, the District must create procedures about investigations involving other entities, such as law enforcement, to create more clarity about whom will do what, and when, in various circumstances that may implicate both state law and District policies.
As with all resolutions, the agreement is between the institution and OCR. The takeaways are familiar and important:
- Designate a Title IX Coordinator and ensure that their information—who they are, what they do, and how to find them—is pushed out regularly to your school and campus community, including parents, teachers, students, and other staff.
- Adopt a case management system and consistently use it for every report, ensuring that each record is complete.
- Memorialize the protocols for addressing reports that also constitute a violation of law; when if ever will law enforcement be notified by the school? How will the school investigation proceed, and when? What does state law require?
- Develop a protocol for addressing concerns about conduct that falls under multiple policies.
The letter to the District is here and the resolution is here.