The recent scrutiny by the U.S. Department of Education has shed light on San Diego Unified’s mishandling of student complaints regarding sexual harassment, marking a significant example of the district’s failure to address sexual misconduct on its campuses. This investigation reinforces the years of reporting by Voice of San Diego, highlighting the district’s shortcomings in handling such sensitive issues.
According to the findings from the Office for Civil Rights, the review of 253 reports and complaints over three school years revealed that San Diego Unified often fell short of meeting its obligations under federal sex-based discrimination laws. This prompted a resolution agreement requiring the district to make significant changes to improve compliance with federal regulations.
What the Investigation Found
The investigation uncovered numerous failures in the district’s response to sexual harassment and assault complaints, leading to a pattern of harassment with inadequate district intervention. The majority of complaints involved student-on-student misconduct, while some cases involved employee-on-student sexual misconduct.
Failure to “equitably” respond to allegations: The district was found to have inadequately addressed allegations of sexual harassment and assault, failing to evaluate whether they violated federal Title IX laws and neglecting to prevent abuse from recurring.
Failure to coordinate with sex-based discrimination office: Entities within the district did not effectively communicate or coordinate with each other or the Title IX office as required by federal law, particularly in cases involving employee misconduct.
Failure to follow district approved complaint procedures: Although there were established procedures for handling complaints, administrators often bypassed them, leading to inadequate investigations that did not meet Title IX standards.
Lack of training: Many employees, including those tasked with investigations, lacked proper training on Title IX requirements, resulting in confusion and ineffective responses to complaints.
Inadequate recordkeeping: The district’s incomplete record-keeping hindered the ability to address past misconduct and prevent future incidents, highlighting a systemic issue in handling sexual harassment cases.
Potential failure to provide students a “free appropriate education”: The district may have disregarded the needs of students with disabilities in responding to sexual harassment complaints, potentially violating their right to a proper education.
What Started the Investigation?
The investigation’s origins remain unclear, but it echoes concerns raised by Voice of San Diego in 2017 regarding misconduct within the district. Subsequent reporting revealed deep-seated issues in addressing and reporting cases of sexual misconduct, ultimately leading to the Department of Education’s intervention.
Former San Diego Unified superintendent, Cindy Marten, now Deputy Secretary of Education, faced criticism during her nomination process due to concerns about her handling of sexual misconduct cases. The investigation has brought these issues to the forefront, necessitating significant changes within the district.
What’s Next?
San Diego Unified must now comply with the Office for Civil Rights’ requirements and undergo monitoring until full compliance is achieved. The district will implement a range of measures aimed at improving Title IX compliance and addressing past shortcomings.
These measures include enhanced staff training, policy updates, centralizing sexual harassment complaints, and increased transparency in reporting incidents. The district is committed to upholding the highest standards to ensure student safety and accountability.
In response to the findings, San Diego Unified has already made significant changes to its practices, including expanding the Title IX office, establishing partnerships with external agencies, and increasing awareness of sexual harassment reporting procedures.
The district acknowledges the need to address past harms and remains dedicated to ensuring a safe and supportive environment for all students.
