School Board Liability: DOE Further Investigates Sexual Harassment 

Sexual harassment and violence is a huge problem in schools across the nation, largely because the vast majority of instances go unreported and therefore uninvestigated.  When incidents are reported, it is crucial the educational institutions are properly prepared to handle such claims. Unfortunately, many American schools are not.

Earlier this year some 55 universities and colleges came under serious investigation by the U.S. Department of Education (DOE) for their policies and procedures involving sexual harassment. In recent months over thirty more higher education institutions were added to the list which brings the total to 87 colleges and universities. Now the DOE recently announced that a number of federally funded K-12 school districts are also being investigated for similar reasons.

A total of 25 incidents across 24 K-12 school districts are under investigation by the DOE for Title IX of the Education Amendments infringements. The Title IX prohibits discrimination on the basis of sex in educational environments, explains a Huffington Post article on the subject. By extension under Title IX, sexual harassment, violence and assault all fall under the category of such discrimination should educators fail to properly respond “effectively” to such allegations or reports. Official guidelines for effective responding and policy making regarding sexual assault, violence and harassment were released by the DOE back in 2011. In April of this year the DOE issued a Q&A document further specifying their expectations for the handling of sexual harassment and violence in all Americans educational establishments.

Should any of the institutions under investigation be found guilty of a Title IX infringement, there could be serious consequences, including the withdrawal of federal funding. Before federal funding is pulled however, there are a number of measures which will be taken to improve compliance. Infringing institutions will be asked to voluntarily negotiate and sign a written resolution agreement that describes the specific remedial actions that the organization will undertake to address the area or areas of their noncompliance, within thirty days of their notification of violation. If no agreement can be reached or other complications arise, federal funding can be pulled until compliance is met by the institution.

When mishandled, claims of sexual assault and violence can become a huge liability concern for school boards and institutions. Federal investigations can be lengthy and are often accompanied by a number of legal complications, fines, fees and other potential losses.

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