U.S. Education Department’s Office for Civil Rights Settles Sexual Harassment Review with San Diego Unified School District

The U.S. Department of Education’s Office for Civil Rights (OCR) made an announcement today stating that the San Diego Unified School District in California has agreed to address violations found by OCR under Title IX of the Education Amendments of 1972. The resolution also addresses concerns raised by OCR regarding the district’s compliance with Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990.

Following an investigation of 253 reports and complaints of student sexual harassment over three school years, OCR determined that the district frequently failed to meet its regulatory obligations under Title IX to effectively address allegations of sexual harassment. This oversight resulted in repeated instances of harassment without adequate district intervention, leaving students vulnerable to prohibited sex discrimination under Title IX.

Moreover, the district neglected to assess whether claims of sexual harassment, including sexual assault, constituted violations of Title IX and led to sex-based discrimination against affected students. It also failed to address the impacts of confirmed sexual harassment on affected students or provide equitable notice of investigation outcomes to all parties.

While reviewing the district’s handling of sexual harassment cases under Title IX, OCR raised concerns that the district may have infringed upon students’ right to a free appropriate public education (FAPE) in violation of Section 504 and Title II. OCR discovered instances where the district had been informed of students with disabilities accused of misconduct as well as students targeted because of disabilities. District records contained details about escalating disability-related behaviors contributing to sexual harassment and incidents where students with disabilities were either perpetrators or victims of harassment.

The case files revealed a lack of evidence demonstrating the district’s compliance with its Section 504 and Title II obligations to: (1) evaluate students displaying signs of possible disabilities, (2) reevaluate students with disabilities when their existing support is ineffective, and (3) assess the impact on students’ education when exposed to harassment.

During the compliance review process, the district established a new compliance office and hired additional staff to improve its Title IX compliance efforts. The district’s commitments to address this compliance review include:

• Reviewing past incidents of student-to-student and employee-to-student sexual harassment to determine if further action is required.
• Offering annual training to students in grades 3-12 on recognizing and reporting sexual harassment.
• Conducting annual climate surveys on sexual harassment for parents, students, and employees.
• Ensuring policies and grievance procedures comply with Title IX.
• Training employees annually on responding to sex discrimination complaints and their obligations under Section 504 and Title II.
• Implementing an approved system for managing data related to sexual harassment reports and investigations.
• Ensuring compliance with Title IX when law enforcement is involved in addressing student harassment.

Assistant Secretary for Civil Rights Catherine E. Lhamon stated, “San Diego Unified is committed to revamping its response to sexual harassment allegations to create a safe learning environment free from sex or disability discrimination for all students. OCR is eager to collaborate with the district to address ongoing harassment and safeguard students with disabilities against mistreatment, allowing them to focus on learning without facing unlawful sexual harassment.”

The resolution letter and agreement can be accessed on OCR’s website.