Source – www.latimes.com
San Diego Unified School District to Implement Changes Following Compliance Review
The U.S. Department of Education’s Office for Civil Rights (OCR) has announced a significant resolution with the San Diego Unified School District concerning violations of Title IX and other federal regulations. The resolution agreement addresses deficiencies found in the district’s handling of sexual harassment cases and compliance with Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act. This agreement marks a major step toward improving the district’s response to sexual harassment and ensuring that students’ rights are protected.
The compliance review conducted by OCR revealed that the San Diego Unified School District failed to adequately address 253 reports and complaints of sexual harassment spanning three school years. According to OCR, the district’s response to these allegations often fell short of the Title IX regulatory requirements. This inadequate response resulted in ongoing harassment, leaving students exposed to sex discrimination in violation of Title IX’s protections. Additionally, the district was found to have not sufficiently evaluated whether the reported incidents constituted violations of Title IX or if they caused discrimination based on sex, nor did it effectively remedy the impacts of confirmed harassment or provide equitable notice of investigation outcomes.
Concerns Over Disability Rights and Educational Access
In its review, OCR also identified concerns related to the district’s adherence to Section 504 and Title II. The investigation uncovered that the district had been notified about students with disabilities who were either perpetrators or victims of sexual harassment. However, the case files lacked evidence that the district had met its obligations under these laws. Specifically, the district did not properly evaluate students suspected of having disabilities, failed to reassess the effectiveness of existing supports for students with disabilities, and did not address how harassment might affect students’ access to free appropriate public education (FAPE).
The findings indicated that there were serious gaps in addressing the needs of students with disabilities who were involved in or affected by sexual harassment. These gaps highlighted a need for improved practices to ensure that all students, including those with disabilities, receive the support and protection they are entitled to under federal law.
San Diego Unified School District failed to prevent sexual harassment of students, feds find
District’s Commitments and Future Actions
In response to these findings, the San Diego Unified School District has committed to several key actions aimed at improving its handling of sexual harassment and disability accommodations. The district will review past incidents of harassment to ensure fair resolution and non-discrimination for students with disabilities. It will also implement annual age-appropriate training for students in grades 3-12 on recognizing and reporting sexual harassment and provide support measures.
Additionally, the district plans to conduct annual climate surveys of parents, students, and employees to assess the prevalence of sexual harassment and the effectiveness of its policies. The district will also revise its policies and grievance procedures to ensure they comply with Title IX and will provide annual training for staff on their responsibilities under Title IX, Section 504, and Title II.
To better manage data related to sexual harassment reports and investigations, the district will implement an OCR-approved system for maintaining records. It will also ensure that its Title IX obligations are upheld in cases involving law enforcement.
Assistant Secretary for Civil Rights Catherine E. Lhamon emphasized the importance of this resolution, stating, “Through today’s resolution, San Diego Unified commits to overhaul its response to allegations of sexual harassment to ensure all its students learn safely and without sex or disability discrimination.” She further expressed optimism about collaborating with the district to address ongoing issues and protect students’ rights.
The resolution agreement and related documents are available for review on the OCR’s website.
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