Resolution Agreement North Olmsted City Schools OCR Docket Number 15-14-1216 North Olmsted City Schools (the District) has entered into the following agreement (Agreement) with the U.S. Dep artment of Education, Office for Civil Rights (OCR), to resolve the above-referenced complaint and to ensure the District's compliance with Title IX of the Education Amendments of 1972 (Title IX), 20 U .S.C. § 1681 ct seq., and its implementing regulation at 34 C.F.R. Part 106. A. Notice of Nondiscrimination By Mnrch 15, 2018, the District will revise its notice of nondiscrimination to meet the requirements of lhe regulation implementing Title IX. Specifically, the notice will be revised to (1) state that the District does not discriminate on the basis of sex in its prngrams, activities, and employment, as well as admissions; (2) describe what Title IX covers; (3) include the name, tille, and contact information (including phone number, o11ice address and e-mail address) for its Title IX coordinators, as well as a description of the respective roles of the two Title IX coordinators; and (4) state that inquiries concerning the application of Title IX may he refcncd to one of the Title IX coordinators or'to OCR. Within 30 calendar days of OCR's approval of the notice of nondiscrimination, the District will brnadly publish its revised notice of nondiscrimination, including on the District's website, in its stttdent and employee handbooks, in its application forms, and in its other published materials in accordance with 34 C.F.R. § 106.9(a). Repo1iing Requirements: By March15, 2018, the District will provide to OCR for review and approval a copy of its amended notice of nondiscrimination. With.in 30 calendru· days of OCR's approval of the notice of nondiscrimination, the District will provide to OCR a list of the litles of the publications in which the OCR­ approved notice of nondiscrimination appears (e.g. District newsletters, website, student handbook) and a copy of at le,1st one publication disseminated to the N01th Olmsted community, e.g., a student handbook, containing the notice. B. Title IX Policies and Grievance Procedures 1. The District agrees to revise its Title TX grievance procedures and other procedures designed to address complaints of discrimination on the basis of sex (including sexual harassment and sexual assault by March 15, 2018, so that such procedures and any related malerials 1 are internally consistent, provide for the prompt and equitable resolution of complaints by .students, employees and third parties alleging all form.s of sex discrimination (including sexual harassment and sexual assault) against students, employees and third pruiics, and otherwise fully comply with Title IX and its implementing regulation at 34 C.F.R. § 106.8(b). Some of the provisions below are already included in oi1e or more of the District's Including, but not limited lo, District llylaw and Policies 5517, 3362, and 4362 and their corresponding administrative guidelines. 1 (25266 / 02482409 • I} Page 2 - N01th Olmsted City Schools, OCR Docket# 15- 14-1216 - Resolution Agreement policy and procedure documents; with regard to such provisions, the Distric t will ret,1in lhem in the documents that currently exist and will revise or remove as necessary all related policies and procedures and other materials to ensure consistency. The revised policies, procedures, and related documents will be consistent with the Memoranda of Understanding (MOUs) developed pursuant to Item D below, and will include, at a minimum: a. notice that the procedures apply to complaints alleging all forms of sex disc1'in1ination (including sexual harassment and sexual assault) againsl employees, students, and third parties; b. notice of the procedure a nd how to file a complaint that is easily understood, easily located and widely distributed; such notice musl include the contact informati on (name or title, office address, email address, and telephone number) for each individual with whom complaints may be filed; c. the name, title and contact information (phone number, office address, and email address) for the District's Title TX coordinators and notice regarding the role and duties of each Title IX comdinator in the processing of complaints of sex discrimination, including sexual harassment and sexual assault; d. a statement that all employees, are expected to promptly report sexual harassment and sexual assault that they observe or learn about; e. provisions for the prompt, adequate, reliable, and impa1iial investigation of complaints, including the opp01tunity for tbe parties to identify wilnesses and other evidence; f. designated and reasonably prompt timeframes for the major stages of the grievance process, including any provisions for extensions of time, that apply equally to the parlies; g. written nottce of lhe outcome of the complaint, and any appeals, to all parties, including the respondent, the alleged victim and, if different, the complainant; h. an assurance that the District will take prompt and effective steps to end the sexual harassment and/or sexual assault; eliminate any hostile environment; 1. prevent its recurrence; and remedy the discriminatory effects on the victim and others as appropriate; j. notice of the opportunity for both pmiics to appeal the findings, if the procedures allow appeals; and for both patties to participate equally in the appeal process, even if the pruty has not herself or himself filed an appeal; (257.66 / 02482409 - I} Page 3 - No1th Olmsted City Schools, OCR Docket MlS-14-1216 - Resolution Agreement k. appropriate definitions and examples of what types of actions may constitute sex discrimination (including sexual harassment and sexual assault); I. provisions clarifying that any informal resolution process set forth in the procedures will only be used if the parties voluntarily agree to do so; that the complainant will not be required to resolve the problem directly with the respondent; and a statement that there will be instances when the informal resolution process is inappropriate (e.g., informal resolution prohibited in cases of sexual assault, and in cases involving a student complaining or sexual harassment against an employee in a position of authority over the student); and that both parties must be notified of the right to end the informal process at any time and begin the formal stage of the complaint process; m. a provision notifying complainants, and/or the complainant's parents/guardians if the complainant is a minor, that. they may pursue a complaint with the District and the police simultaneously; that the District may need to briefly suspend the fact-finding aspect of a Title IX investigation at Lhe request of law enforcement while the law enforcement agency is in the process of gathering evidence; that the District will maintain regular contact with law enforcement to determine when it may begin its investigation; that the Districl will promptly resume its investigation as soon as notified hy the law enforcement agency that it has completed the evidence gathering process, or sooner if the District .;.;��6);.;.(. b.;.;X7� X:.;..C.;..> _________________. !(bX6).(b)(7){C) I and, as a result, the Student was subjected to a sexually hostile environment. OCR is responsible for enforcing Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et se q., and its implementing regulation, 34 C.F.R. Pa,1 lOO (Title VI). Title VI prohibits discrimination on the bases of race, color, and national origin by recipients of Federal finru1cial assistance from theDepaitrnent. OCR is also responsible for enforcing Title IX of the Education Amendments of 1972, 20 U.S.C. § 168 I et se q., and its implementing regulation, at 34 C.F.R. Part 106 (Title JX). Title IX prohibits discrimination on the basis of sex in education programs and activities operated by recipients of Federal financial assistance from theDepartment. As a recipient of Federal financial assistance, the District is subject to Title VI and Title IX. Therefore, OCR had jurisdiction to investigate this complaint. Based on the complaint allegations, OCR investigated the following legal issues: 1. Whether theDistrict interfered with or limited the ability of a student to pat1icipate in or benefit from the services, activities, or privileges provided by the District by effectively T/Je Depar1111e111 of l::d11ca1io11 ·s mission is 10 promote studem achieve111e11/ a11d preparmio11 for global co111peli1ive11ess by fos1eri11g ed11calio11al excellence and e11s11ri11g equal access. www.ed.gov Page 2 - Clu-istine T. Co::..,1er, Esq. causing, encouraging, accepting, tolerating or failing to correct a racially hostile environment of which it had actual or constructive notice, in violation of the Title Yl implementing regulation at 34 C.F.R. § 100.3. 2. Whether the District provided prompt and equitable responses to student complaints of sex discrimination, as required by the Title IX implementing regulation at 34 C.F.R. § 106.8(b). 3. Whether the District subjected a student or students to a sexually hostile environment that denied or limjted a student's or students' ability to participate in or benefit from the District's program, in violation of the Title IX implementing regulation at 34 C.F.R. § 106.31. OCR investigated this complaint by in eryjewjn° members a[tbe So,deot's family, the family's I relevant District staff, and a f(bX6).(bX7)(C) I OCR also reviewed documentation submitted by the Complainant and the District, and visited the school where the incidents allegedly occurred. After carefully reviewing the evidence obtained, OCR has concluded that there is insufficient evidence to support a finding that the District failed to address any hostile environment based on race or national origin against the Student of which it was aware. OCR also determined the evidence was insufficient to conclude that the Student was subjected to a sexually hostile environment at school. However, OCR has found that there is sufficient evidence to conclude that the District violated Title IX when it failed to promptly and equitably respond to the report that the fX6>.(bX7)(C) l !(bX6).(bX7XC) I OCR also found that the District's Title TX policies and procedures do not comply with Title IX regulatory requirements. !(b)(6),(bX7)( The evidence OCR obtained in this investigation led OCR to examine the District's response to Title IX complaints in general and whether a sexually hostile environment existed for other students at the District. However, before OCR completed its investigation into these issues, the District asked to voluntarily resolve the case. The District has signed the attached Resolution Agreement (Agreement), whjch, once implemented, will address the Title IX violations discussed above, as well as other Title IX compliance concerns OCR has identified to date. This letter summarizes the applicable legal standards; the evidence gathered to date during the investigation, and the District's voluntary resolution of the complaint. Background :l>X6),(bX7XC) The complaint alleged that during theFX6),(bX7XC) I school year the Student was repeatedly harassed based on her race and national origin by other students who 1.:.Cb..;.l X;..;6)..;..(bX..;. ;..;1x.;..c.;..> _______, !(bX6).(bX7XC> l The complaint alleged that, when the Student and her father reported Page 3 - Clu-istine T. Co�u,er, Esq. the harassment to District officials, the District failed to take immediate and appropriate action to address the harassment, which continued and got worse. In addition, the complaint alleged that on or about rx6).(b)(7XC) According to the complaint, when District staff were notified of the incident, the District took no action to investigate or address the incident. I Applicable Legal Standards and OCR Policy Harassment Based on Race and/or National Origin The regulation implementing Title VI, at 34 C.F.R. § 100.3, provides that no person shall, on the basis of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program to which Title VI applies. Harassment on the basis of race, color, or national origin is a form of discrimination prohibited by Title VI. Racial or national origin harassment is abusive or intimidating behavior, based on race or national origin, which is sufficiently severe, persistent or pervasive that it creates a hostile enviromnent that interferes with an individual's ability to participate in or benefit from a recipient's program. A school district may be found to have violated Title VI if it has effectively caused, encouraged accepted, tolerated or failed to correct a hostile environment, based on race or national origin, of which it has actual or constructive notice. To establish a violation of Title VT under the hostile environment theory, OCR must find that: (1) a racially hostile enviromnent existed; (2) the recipient had actual or constructive notice of the racially hostile environment; and (3) the recipient failed to respond adequately to redress the hostile environment. Whether conduct constitutes a hostile environment must be determined from the totality of the circumstances. A recipient can receive notice in many different ways. For example, a student may have filed a grievance or complained to a teacher about fellow students racially harassing him or her. A student, parent, or other individL1al may have contacted other appropriate personnel, such as a principal. An agent or responsible employee of the institution may have witnessed the harassment. The recipient may have received notice in an indirect manner, from sources such as a member of the school staff, a member of the educational or local community, or the media. In cases where the recipient did not have actual notice, the recipient may have had constructive notice. A recipient is charged with constructive notice of a hostile enviromnent if. upon reasonably diligent inquiry in the exercise of reasonable care, it should have known of the discrimination. Sexual Harassment The Title fX implementing regulation, at 34 C.f.R. § 106.3 l(a), provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activity operated by a recipient which receives Federal financial assistance. Sexual harassment is a form of sex discrimination prohibited by Title IX. Hostile environment sexual harassment is unwelcome conduct of a sexual nature that is sufficiently serious that it Page 4 - Clu-istine T. Co�_.cr, Esq. denjes or limits a student's ability to participate in or receive the benefits, services, or opportunities of a school's program. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, such as sexual assault or acts of sexual violence. If sexual harassment that is sufficiently serious to deny or limit a student's ability to participate in or benefit from the program has occurred, and the school knew or should have k.J10\vn about it, the school is responsible for taking immediate effective action to eliminate the hostile environment, prevent its recmrence, and remedy its effects on the complainant and others as appropriate. If an employee who is acting (or who reasonably appears to be acting) in the context of carrying out responsibilities over students engages in sexual harassment, the recipient is responsible for the discriminatory conduct. The recipient is, therefore, also responsible for remedying any effects of the harassment on the victim; as well as for ending the harassment and preventing its recurrence. This is true whether or not the recipient has "notice" of the harassment. It may be appropriate for a school to take interim measures during the investigation of a complaint. For example, if the alleged harasser is a teacher, allowing the student to transfer to a different class may be appropriate. Certain acts of sexual harassment, such as unwelcome sexual touching, may also be criminal in nature, in wbich case it may be appropriate for a school to contact law enforcement authorities. However, contacting law enforcement authorities does not relieve a school of ils individual obligation to investigate and address acts of sexual harassment occurring at school or during school-sponsored activities. The legal standards applied for criminal investigations are different than the standards applied under Title IX, and thus a school cannot rely on a police investigation to fulfill its Title IX obligations. Further, certain remedies, such as separating the student reporting the harassment from the alleged perpetrator in classes, in the cafeteria, etc., can only be implemented by the school and are the school's responsibility. Title IX Procedural Requirements The Title IX regulation, at 34 C.F.R. § I 06.8(a), requires a recipient to designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under Title JX and its implementing regulation, including the investigation of any complaint communicated to such recipient alleging its noncompliance with Title IX or alleging any actions wluch would be prohibited by Title-IX. The recipient must notify all of its students and employees of the name. office address, and telephone number of the employee or employees appointed. In addition, the regulation implementing Title IX, at 34 C.F.R. § I 06. 9(a), requires each recipient to implement specific and continuing steps to notify applicants for admission and employment, students, employees, sources of referral of applicants for admission and employment, and all unions and professional organizations holding collective bargaining or professional agreements with the recipient that it does not discriminate on the basis of sex in the educational program or activity which it operates and that it is required by Title IX not to discriminate in such a manner. Page 5 - Christine T. Co.. ..:r, Esq. . Such notification shall state at least that the requirement not to discriminate in the education program or activity extends to employment therein, and to admission thereto, and that inquiries concerning the application of Title JX to such recipient may be referred to the employee designated pursuant to 34 C.F.R. § I 06.8(a), or to the Department's Assistant Secretary for Civil Rights. Further, the Title IX regulation, at 34 C.f.R. § 106.8(b), requires a recipient to adopt and publish procedures that provide for the prompt and equitable resolution of student and employee complaints alleging any actions prohibited by Title IX and its implementing regulation. OCR has identified a number of elements in evaluating whether a recipient's grievance procedures are prompt and equitable, including whether the procedures provide for: (1) notice to students, parents of elementary and secondary students, and employees of the procedure, including where complaints may be filed; (2) application of the procedure to complaints alleging harassment carried out by employees, other students, or third parties; (3) adequate, reliable, and impartial investigation of complaints, including the opportunity to present witnesses and other evidence; ( 4) designated and reasonably prompt timeframes for the major stages of the complaint process; (5) notice to the parties of the outcome of the complaint; and (6) an assurance that the school will take steps to prevent recurrence of any harassment and to correct its discriminatory effects on the complainant and others, if appropriate. Title IX grievance procedures may include informal mechanisms for resolving harassment complaints to be used if the parties agree to do so. The complainant must be notified of the right to end the informal process at any time and begin the formal stage of the complaint process. In some cases, mediation will not be appropriate even on a voluntary basis. A grievance procedure applicable to sexual harassment complaints cannot be prompt or equitable unless members of the school community know it exists, how it works, and how to file a complaint. Alleged Race and/or National Origin Harassment of the Student Suminary of OCR's Investigation ' father about this allegation. He stated that the Student was the OCR interviewed the S 1 (bX6),(bX7)(C) but he did not identify to OCR any incidents of alleged race. Instead, he stated that the harassment was related to Student's the on discrimination based (bX6),(bX7)(C) He s a e ia 1e iarassment oo<. p ace in t1e tu ent s c assroom, on t e p aygroun , an in the school gym. The Student's father stated that three students, Student A and Student B in the Student's class and Student C in a different class, subjected the Student to more serious . XJxc) X6>(b harassment. He stated that thev would tell the S t f'> L. _ _ _ _ _ _ _ ____________, X6),(bX7)(C) He said these three students prevented Page 6 - Christine T. Co��.�r, Esq. �.:, The Student's father stated that the Student repeatedly complained about these incidents to her teacher, but her teacher took no action in response. He said that he personally complained to the school rinci al about these incidents on three separate occassions between November�and Januar) CbX6),(b) and the principal agreed to take action to address the harassment, but the harassment continued and got worse. OCR spoke with the principal and the Student's classroom teacher regarding the harrassment allegations. Both denied ever observin the Student bein icked on based on her race or Both also denied that the national origin X6),CbX7XC> Student, or her father, ever complained about such incidents. The Student's teacher confirmed that the Student!CbX6).CbX7XC) rX6).(bX7XC) (bX6),(bX7XC) (bX6).(bX7XC) I I Page 7 - Christine T. Co::.v ,cr, Esq. il>X6),(b)(7XC) OCR provided the Student's parents an opportunity to respond to the information provided by the District. They again alleged that when the Student's father met with the principal to complain about various incidents he did complain that the Student was being picked on based on her race and national origin. The Student's father also again alleged that the Student had complained about discrimination to her teacher as well, but the teacher took no action to address the Student's complaints. OCR was unable to obtain any documentation or other evidence from the District or the Student's parents, such as e-mail communications, letters, meeting notes, or disciplinary records, indicating whether or not the Student or the Student's father complained about race or national origin discrimination to District staff. Analysis and Conclusion As an initial matter, the evidence shows that the Student's parent never alleged any incidents of harassment based on race; rather, the incidents he described were related to the Student's fX6),(bX7XC) l With respect to alleged harassment based on national origin, the Student's teacher and principal denied ever witnessing any or the alleged harassing behavior. Further, they stated that neither the Student nor her parents ever complained about such incidents. While the Student's classroom teacher and the Jrinci al recalled that (bX6),(bX7XC> X 6),(bX 7XC) Similarly, the principal recalled that the Student's father complained that the Student was being physically bullied, but stated that the Student's father never complained that the incidents were related to the Student's race or national origin. Further, the principal stated that when he looked into the alleged physical Page 8 - Christine T. Cc ir, Esq. bullying that the Student and her father repo11ed, he was unable to confitm that the Student was being physically bullied by other students. OCR was unable to obtain any corroborating documentation that such complaints had been made to the District. Accordingly, OCR concludes the evidence is insufficient to support a violation of the Title VI regulation with respect to these allegations. Alleged Sexual Harassment of the Student Summary of OCR's Investigation The complaint also alleged that in Januarv fbX6).(b)(7)(C) lbX6),(b)(7)(C) (b)(6).(b)(7)(C) Page 9 - Christine T. Co�_.er, Esq. (bX6),(b)(7XC) It is undisputed that the District took no action once notified of the alleged sexual assault. The District su erintendent informed OCR th· · (bX6).(bX7XC) (bX6),(bX7XC) 1 The District informed OCR that it does not have surveillance cameras in the school, and OCR did not observe any survei !lance cameras at the school during its onsite visit. Page 10 - Christine T. C .,Jer, Esq. :11X6),(bX7)(C) After reviewing the above-referenced information, OCR provided the Student's family an o ortunit to res ond to the District's information an · (bX6),(b X7XC) (bX6).(bX7)(C) After OCR notified the District of this complaint and initiated its investigation the District began during the summer of2014 to conduct its own investigation. On October 14, 2016, the District provided OCR with the results of its investigation into the allegations of race and national origin and sexual harassment against the Student. The District investigation included, in part, interviews with the Student's father, District staff, and others, includingrX6>,(bX7XC> PX6),(bX7XC) _ n_s_ l The District found that, based on the sum total of the ev._i _ d _ en_ _c -e,- t-h_ e_ a_ l l_ e_ g_a_ tio_ that the Student was subjected to harassment based on race, national origin, or sex while at school were "unsubstantiated." The report also stated that, pursuant to the District's Page 11 - Christine T. C .ler, Esq. investigationJ?X6).CbX7XC) I The District did not notify the Student's parents of the outcome of its investigation at the time it issued its report. Analysis and Conclusion After reviewing all of the information provided, OCR finds that there is insufficient evidence to conclude that the Student was subjected to a hostile environment based on sex at school as I alleged. Specificallv, 1CbX6),(bX7XC) (bX6),(bX7XC) rovided b the Student's famil chano OCR does, however, find that the District failed to comply with Title IX in its handling of the report of the alleged sexual assault. Specifically, it is undisputed that the District, including the _ 1Xc_>______. superintendent, became aware on January@>X6),(bX 7XC) !the allegation that1..P_X6_ >_.CbX _ !lt is also undisputed that the District took no immediate action to !CbX6),(bX7XC) address the allegation. lt did not contact the Student's family or begin an investigation until any interim measures to months after being notified of the alleged incidents and it did not take ° support the Student or to protect the Student and others from possible additional acts of harassment. Further, the District did not complete its investigation until over two and a half years later, and even then did not notify the Student's parents of the outcome. As noted above, Title IX requires a district that learns of an incident of sexual harassment to take immediate and appropriate action to address the harassment. to revent its recurrence and to remedv its effects on the complainant and others as a ro riate. CbX6) ,(bX7XC) X6),(bX7XC) District of its obligation to respond pursuant to Title IX. Thus, OCR finds that the District's Page 12 - Clu·istine T. C L _,ler, Esq. failure to act constitutes a violation of the Title lX regulation at 34 C.F.R. §§ 106.8(b) and I 06.31. The District's Overall Compliance with Title IX with respect to Sexual Harassment In additi.on to the individual allegations above, OCR examined the District's overall compliance with the procedural requrements of the Title IX regulation and whether its handling of sexual harassment matters District-wide is consistent with Title IX regulatory requirements. OCR determined that the District has two Title IX c;oordinators: the Director of Personnel, who handles complaints from or involving staff, and the Pupil Personnel Director, who handles complaints involving students. Thus, OCR finds that the District has designated a Title IX coordinator as required by 34 C.F.R. § 106.8(a). However, the District has not identified and/or provided full c01�tact information for the Title IX coordinators in its Title IX policies and procedures and in its student handbooks. Thus, OCR finds that the District is not in compliance with the regulation implementing Title IX at 34 C.F.R. § 106.8(a) with respect to providing notice of its Title lX coordinators. OCR also found that the District does not have a notice of nondiscrimination that satisfies the requirements of the Title IX regulation at 34 C.F.R. § l 06.9(a) with respect to notice about the District's Title TX coordinators. The District's Title TX grievance procedures also do not satisfy the prompt and equitable requirements of the Title IX regulation at 34 C.F.R. § I 06.8(b). Applying the standards for Title IX grievance procedures discussed above, OCR's found that the District's grievance procedures contain information regarding with whom to file complaints (i.e., the Title IX coordinators identified as the Director of Personnel and the Pupil Personnel Director ), although their respective roles are not explained. The grievance procedures apply to complaints alleging harassment carried out by employees, other students, or third parties. The grievance procedures provide for the adequate, reliable, and impartial investigation of complaints, and give both parties the opportunity to identify wi.tnesses and other evidence. Howeve1:, the grievance procedures do not contain designated and reasonably prompt time frames for all of tl1e major stages of the complaint process. The grievance procedures provide for written notice of the outcome of the investigation to both parties. The grievance procedures contain an assurance that the school wiII take steps to end harassment found to have occurred and "rectify the problems" and later states that it will take action to prevent the harassment from recurring; however, they do not provide any mechanism for the District to correct the discriminatory effects on the complainant and others, if appropriate. In addition, the procedures contain an informal process, which is voluntary; however, the informal process does not notify the parties of the right to end the informal process and begin a formal process at any time. Finally, based on the evidence OCR obtained concerning the allegation made on behalf of the Student described above, the District was not actually implementing the grievance procedures. Page l 3 - Clu·istine T. CL _,ler, Esq. Based on the foregoing, the District has not adopted and published grievance procedures providing for the prompt and equitable resolution of student complaints alleging sex • discrimination, as required by the Title IX regulation at 34 C.F.R. § 106.8(b). OCR also reviewed whether the District provided prompt and equitable responses to other alleged incidents of sex-based harassment of which it had notice (i.e., knew or should have known about). The District did not provide OCR with any formal Title IX grievances filed by or on behalf of students or staff under the District's formal Title IX grievance procedure and indicated that it did not receive any such complaints. However, the District's discipline files included a formal complaint of gender-based harassment pursuant to Title lX filed on behalf of a female student. The District's documentation did not support that the District did an investigation into the gender-based harassment allegations after receiving the complaint or that it notified the student's family of the outcome of any investigation, or provided interim measures to the student or remedied any harassment found to have occurred. In addition, the District provided brief summaries of nine verbal complaints involving sexual harassment it received from parents and students during the 2011-2012, 2012-2013, and 20132014 school years; however, the Distticl provided no documentation regarding its ha11elling of these complaints, with the exception of one, for which the District provided some di'sciplinary records. Based on the evidence obtained to date, OCR has been unable to ·determine if the District provided a prompt or equitable response to these complaints. Based on the District's summaries, the District only completed an investigation with respect to four of the nine complaints; but, due to the lack of documentation, OCR was unable to determine if the investigations the District completed were adequate, e.g., whether the District gave the .students an oppo11tmity to present evidence or identify witnesses, or provided notice of the outcome to both parties. The information provided by the District was also insufficient to determine whether the District had remedied any discriminatory effects of sexual harassment found to have occurred on victims or others or look steps to prevent recurrence. The District also provided brief write-ups from the District's high school guidance counselors regarding nine additional incidents of alleged sexual harassment that the guidance counselors handled during the same tlu·ee school years. However, six of the write-ups did not provide a sufficient description of the incidents to determine if they involved conduct of a sexual nature. Another one of the write-ups, while describing incidents that were sexual in nahire, did not appear to involve the school. In the two incidents that did involve alleged sexual harassment regarding smneone associated wiU1 the school (other students), there was no documentation provided regarding any investigation by the District and the infomiation provided regarding these incidents was insufficient to determine if the District provided an appropriate response consistent with Title IX. In addition to the above complaints, the District provided OCR with discipline records for the same three school years regarding incidents of sexual harassment and sexual assault at its high school, middle school, and elementary schools. OCR identified a number of concerns regarding the District's handling of these matters, including that the District failed to keep consistent, complete and legible records regarding these incidents and the District's response, which could potentially prevent the District from identifying ·repeat offenders or incidents that could result in Page 14 - Christine T. CL ,tcr, Esq. a sexually hostile environment. OCR also noted that the District did not appear to have a method of notifying the District's Title TX coordinators when disciplinary incidents involving sexual harassment or sexual assault occurred and OCR saw no information to indicate that the Title IX coordinator for students became involved in the incidents OCR reviewed. Thus, it is unclear how the Title IX coordinators could have addressed any sexually hostile environment created by any incident or pattern of incidents. OCR also saw allegations of sexual harassment or sexual assault that were part of reports regarding other kinds of misconduct, but there was no documentation that the District investigated or otherwise followed up on these allegations as Title lX matters. Approximately 37 of the 160 discipline files involved unwanted touching or other conduct that could constitute sexual harassment. In those cases, OCR observed seven instances in which the District handled the matter under a section of its discipline code other than sexual harassment. Further, in the cases that involved touching or other conduct that could constitute sexual harassment, OCR noted I 3 instances where there was insufficient documentation to support that the District took sufficient action to prevent repeat incidents by pariicular offenders, or to address a climate of sexual harassment. [n reviewing the files involving possible sexual assault. OCR found at least two instances where it appears that the District's failure to respond appropriately to reports of sexual harassment could have led the students reporting particular incidents to continue to be subjected to a sexually hostile environment. /\s pa1t of OcR·s review into the District's handling of Title IX matters overall, OCR also obtained information regarding the Distri.ct's handling of criminal complaints and requests for confidentiality; the District's communications with staff about the District's process and outreach efforts: the District's training for students and staff, including the Title IX coordinators, and the resources the District offers to individuals reporting or accused of sexual harassment. However, as noted above. prior to the completion of OCR's investigation into the District's overall handling of complaints or reports of sexual harassment/assault. the District asked to resolve the remaining issues of this complaint. Resolution and Conclusion On December 13. 2017, the District signed the enclosed Agreement that once fully implemented will ·resolve OCR's compliance findings and the additional issues raised in this complaint. The Agreement requires the District to issue a public anti-harassment statement notifying all members of tbe District community (students, parents, staff and employees) that the District does not tolerate sexual harassment and encouraging students to report any such incidents to the Title [X coordinators. The Agreement also requires the District to develop a notice of nondiscrimination that meets the requirements of the Title IX regulation and publicize the revised notice. ll also requires the District to revise its Title 1X complaint procedures and other procedures to make these compliant with the Title IX regulation, and to train its staff on the revised procedures and on how to appropriately conduct and document future Title IX investigations. It further requires the District to maintain documentation regarding the processing of each report of sex discrimination, including sexual harassment and sexual assault. Page 15 -Christine T. C.. Jler, Esq. The Agreement also requires the District to provide age-appropriate training to its students regarding the role and duties of the District's Title IX coordinators; what constitutes sex discrimination, sexual harassment and sexual assault and how to report such incidents; the District's prohibition against sexual harassnient; the District's revised Title IX policies and procedures; consequences for violating the District's Title IX policies; and resources available to students. The Agreement further requires the District to develop memoranda of understanding with local law enforcement agencies (police and sheriff) that outlines how they and the District will coordinate to ensure the District's ability to meet Title IX requirements regarding alleged incidents of sexual assault and/or sexual violence. The Agreement also requires the District to develop a monitoring program to assess the effectiveness of the District's overall anti-harassment efforts. Finally, the Agreement requires the District to reach out to the Student's pa.rents; notify them of the changes to the District's Title IX policies; and offer remedies to address any harm the Student incurred as a result of the District's delay in processing the report of alleged sexual assault. Based on the commitments the District has made in the Agreement described above, OCR has determined that it is appropriate to close the investigative phase of this case. This concludes OCR's investigation into the above-referenced complaint. OCR will monitor the District's implementation of the Agreement. Jf the District fails to implement the Agreement, OCR may initiate administrative enforcement or judicial proceedings to enforce the specific terms or obligations of the Agreement. Before initiating administrative enforcement (34 C.F.R. §§ 100.9, l 00. l 0) or judicial proceedings to enforce the agreement, OCR shall give the District written notice of the alleged breach and sixty (60) calendar days to cure the alleged breach. This Jetter should not be interpreted to address tbe District's compliance with any other regulatory provision or to address any issues other than those addressed in this letter. This letter sets forth OCR's determination with respect to this case. This letter is not a formal statement of OCR policy and should not be relied upon, cited, or construed as such. OCR's formal policy statements are approved by a duly authorized OCR official and made available to the public. The Complainant may file a private suit in federal court whether or riot OCR finds a violation. Please pe advised that the District may not harass, coerce, intimidate, or diserimjnatc against any individual because he or she has filed a complaint or participated in the complaint resolution process. If this happens, the harmed individual may file another complaint alleging such treatment. Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request. In the event that OCR receives such a request, we will seek to protect, to the extent provided by law, personally identifiable information, which, if Page 16 - Chxistine T. C Jer, Esq. released, could reasonably be expected to constitute an unwan-anted invasion of personal privacy. OCR looks forward to receiving the District's first monitoring report under the Agreement, which is due by March l 5, 2018. If you have any questions, please contact OCR attorney M r. Harrison Blythe, who will be monitoring the District's compliance with the Agreement. You can reach Mr. Blythe by telephone at (216) 522-4894 or by e-mail at Harrison.Blythe@ed.gov. Should you have questions about OCR's resolution of this complaint, please contact OCR Supervisory Attorney/Team Leader Brenda Redmond, by telephone at (21-6) 522-2667 or by e­ mail at Brenda.Redmond@ed.gov. Sincere! ', (b)(6) Traci E Acting Director Enclosure UNITED STA TES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS, REGION XV 1350 EUCLID A VENUE, SUITE 325 CLEVELAND. OH 44115 m:GION XV MICIIIGAN OHIO January 11, 2018 (bX6),(bX7)(C) Dearj%�6),(b)(7) !: Re: OCR Docket #15-14-1216 Enclosed please find the disposition of the above-referenced complaint �hat CAIR-Ohio filed on May 15, 2014, with the U.S. Department of Education (the Department), Office for Civil Rights (OCR), against the North Olmsted City Schools (the District). The se com laint alle ed that the District discriminated a ainst a student CbX6),(bX7XC) on the basis of race, national origin, and sex. Specifically, the complaint alleged that during th�(bX6),CbX7XC) I school year the District failed to appropriately address racial and national origin harassment against the Student b other students of which it was aware, includin students CbX6),(bX7)(C) CbX6).(bX7XC) The ond to a (bX6),(bX7)(C) ------------ ■ OCR is responsible for enforcing Title Vl of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., and its implementing regulation, 34 C.F.R. Part l 00. Title VI prohibits discrimination on the bases of race, color, and national origin by recipients of Federal financial assistance from the Department. OCR is also responsible for enforcing Title JX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and its implementing regulation, at 34 C.P.R. Part I 06, which prohibit discrimination on the basis of sex in education programs and activities operated by recipients of Federal financial assistance from the Depa1tment. As a recipient of Federal financial assistance and as a public entity, the District is subject to Title Vl and Title IX. Therefore, OCR had jurisdiction to investigate this complaint. 771e Depar1me11/ of Educatio11 's mission is lo promote s111de111 achievement and preparation/or global co111pe1itii·eness byfos1eri11g educational excellence and ensuring equal access. ww111.ed.gov After carefully reviewing the evidence obtained, OCR has concluded that there is insufficient evidence to support a finding that the District failed to address any hostile environment based on race or national origin against tbe Student of which it was aware. OCR also determined that the evidence was insufficient to conclude that the Student was subjected to a sexually hostile environment at school. .However, OCR has found that there is sufficient evidence to conclude that the District violated Title IX when it failed to promptly and equitably respond to a report that the Sn,dent was allegedly sexually assaulted by a school employee in January 2014. OCR also found that the District's Title IX policies and procedures do not comply with Title IX regulatory requirements. The evidence OCR obtained in this investigation led OCR to examine the District's response to Title IX complaints in general and whether a sexually hostile environment existed for other students at the District. However, before OCR completed its investigation into these issues, the District asked to voluntarily resolve the case. On December 19, 2017, the District submitted to OCR the attached Resolution Agreement (Agreement), which, once implemented, will address the Title JX violations discussed above, as well as other Title IX compliance concerns OCR has identified to date. OCR will monitor the District's compliance with the resolution agreement. OCR explains the bases for its findings in the enclosed letter to the District. ln the letter, the Student is refetTed to as "the Student" and her parents are referred to as "the Student's mother" and "the Student's father." The names of employees, students, and other parties were not used in the letter in order to protect individuals' privacy. This concludes OCR's investigation of the complaint and should not be interpreted to address the District's compliance with any other regulatory provision or to address any issues other than those addressed in this letter. This letter sets forth OCR's determination in an individual OCR case. The letter is not a formal statement of OCR policy and should not be relied upon, cited, or construed as such. OCR's formal policy statements are approved by a duly authorized OCR official and made available to the public. Please be advised that the District may not harass, coerce, intimidate, or discriminate against any individual because he or she has filed a complaint or participated in the complaint resolution process. If this happens, the harmed individual may file another complaint alleging such treatment. Under the Freedom of Information Act, it may be necessary to release this document and related conespondence and records upon request. In the event that OCR receives such a request, OCR will seek to protect, to the extent provided by law, personally identifiable information, which, if released, could reasonably be expected to constitute an unwarranted invasion of personal privacy. A complainant may have the right to file a private suit in Federal court whether or not OCR finds a violation. Page 3 -rX6),(b)(7XC) Should you have questions about OCR's resolution of this complaint, please contact OCR Supervisory Attorney/Team Leader Brenda Redmond, by telephone at (216) 522-2667 or by e-mail at Brenda.Redmond@ed.gov. Lf you have questions regarding OCR 's monitoring of the Agreement, please contact OCR attorney Harrison Blythe, who will be overseeing the District's implementation, at (216) 522-4894 or at Harrison.Blythe@ed.gov. rac1 xt Acting Director ➔