The U.S. Department of Education’s Office for Civil Rights (OCR) has announced that Española Public Schools in New Mexico has entered into a resolution agreement to address violations of Title IX of the Education Amendments of 1972. These violations pertain to the district's response to reports of sexual harassment, including sexual assault, involving students and employees.
According to OCR, the district failed to respond adequately to reports of sexual assault by both employees and students. The district did not adopt or implement Title IX grievance procedures for equitable resolution of complaints and did not coordinate responses through its Title IX coordinator. This resulted in repeated instances of harassment with insufficient responses from the district, leaving students vulnerable to sex discrimination prohibited by Title IX.
Specific incidents cited include:
In 2019, after some students reported inappropriate touching by a teacher, the district counseled but did not immediately remove the teacher. A week later, following another report about the same teacher, he was allowed to resign without a proper Title IX investigation or notification to affected students and their families.
In 2021, employees observed a teacher sexually assaulting a student with disabilities over an extended period in a private space at school. Despite reporting this incident to law enforcement and a state agency and finding "substantial evidence" that it occurred, the district did not treat it as a Title IX matter. The teacher was permitted to resign without an investigation under Title IX.
Further issues were found regarding allegations from 2021 and 2022 where serious complaints were met with inadequate responses. The district's Title IX coordinator failed to file necessary complaints on behalf of victims under the 2020 Title IX Regulations.
Additionally, OCR identified failures in notifying employees and students about the designated Title IX Coordinator's contact information and providing adequate notice of nondiscrimination based on sex. Concerns were also raised about recordkeeping practices related to reports and complaints during OCR’s review period.
To resolve these issues, Española Public Schools has committed to several actions including:
- Issuing public notices allowing reports of sexual harassment occurring from school years 2017-18 through 2023-24.
- Reviewing past harassment cases for equitable resolution.
- Ensuring policies comply with Title IX.
- Annually training staff on their obligations under Title IX as well as Section 504 and Title II.
- Providing age-appropriate training for students on recognizing and reporting sexual harassment.
- Implementing an approved system for maintaining records related to harassment cases.
- Conducting annual climate surveys regarding sexual harassment within schools.
- Clarifying policies that ensure fulfillment of Title IX obligations during ongoing investigations by law enforcement or other entities.
Assistant Secretary for Civil Rights Catherine E. Lhamon stated: “Today’s resolution with Española Public Schools addresses serious noncompliance with Title IX that left district students vulnerable to sexual harassment by employees. The agreement commits the district to fulfill its civil rights obligations to ensure that all its students can learn safely and free from sex discrimination.”
The letter detailing this resolution agreement is available on OCR’s website.
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