Exclusive: New Documents Show the Trump Administration Has Confronted Dozens of School Districts Across the Country for Mishandling Sexual Assault Cases
Editor’s Note 鈥 A warning to readers: This article contains graphic descriptions of sexual assault involving children.
On Sept. 23, 2015, a 5-year-old boy with disabilities in Detroit arrived home with bruises on his face and covered in what his mother believed was semen. The bus driver told the mom that some elementary school students on the bus were 鈥渟ucking wee-wees,鈥 but the driver didn鈥檛 report it to the school district.
The child鈥檚 mother told school officials about the event the next day. Administrators, however, didn鈥檛 investigate the apparent sexual assault, nor did they speak with the child鈥檚 family about the incident for several months.
A federal probe that concluded last year determined that this case may be just one sign of larger problems with how Detroit Public Schools deal with sexual misconduct.
The U.S. Department of Education that between 2013 and 2016, Detroit Public Schools documented 45 鈥渟tudent involvements鈥 in 鈥渃riminal sexual conduct鈥 and 233 incidents of sexual harassment involving students. But the district had no Title IX investigation procedure, and the only training the Title IX coordinator received was in the form of an online video module.
The district signed an agreement last year detailing changes it would make to comply with Title IX, the gender equity law that courts have said mandates schools to address sexual violence cases.
The district opened a new civil rights office in light of the federal investigation, and it held a Title IX training session for all its principals just last month.
鈥淭he status of the Title IX program at the time this incident occurred was unfortunate,鈥 said Nikolai Vitti, who became the Detroit Public Schools superintendent in 2017.
Meanwhile, the 5-year-old boy, who had a speech impediment and cognitive delay, switched schools twice, suffered from nightmares, 鈥渃ontinued to be timid around large groups of children, [and] did not want to be around boys,鈥 according to the federal investigation report.
Public scrutiny over the Trump administration鈥檚 new regulations for how schools handle sexual misconduct cases has focused on how university hearings will change, as Secretary of Education Betsy DeVos follows through on her promise to ramp up due process for accused college students. The Senate鈥檚 education committee held a this month dedicated to rules for addressing college sexual assault, but entirely absent from the discussion was how K-12 schools deal with it.
Yet during this same period of heightened public focus on campus assault in higher education, the Trump administration has also quietly found that many K-12 school districts 鈥 both large and small 鈥 like Detroit hadn鈥檛 even picked an employee to investigate these cases. In the department鈥檚 own backyard, a federal investigation found that had a policy to not investigate allegations of sexual assault, even though they鈥檙e required to do so under Title IX.
鈥淚鈥檓 not surprised at all,鈥 said Karen Truszkowski, a Michigan-based attorney who has taken on more than two dozen school districts over student sexual misconduct cases. 鈥淚鈥檝e had superintendents of major school districts look at me and say, 鈥業 had no idea we had to comply with Title IX.鈥欌
Between 2017 and 2018, at least 70 schools, districts and colleges signed agreements with the Education Department to overhaul their Title IX policies, obtained through a series of Freedom of Information Act requests reveal. This came after federal investigators found problems with how administrators dealt with sexual misconduct on their campuses.
鈥淭itle IX is not on their list until somebody calls them out on it,鈥 Truszkowski said.
Most of these cases were kept hidden from the public. The Obama administration had publicized when these multi-year Title IX investigations closed 鈥 and what problems the government uncovered 鈥 but that practice came two years ago when President Donald Trump entered office. The collection of documents published here are the first look at how the department under DeVos has enforced Title IX.
In higher education, the department鈥檚 Office for Civil Rights discovered that students at and had their sexual history dragged into cases, and the couldn鈥檛 explain why it took several months to investigate sexual misconduct complaints. It cleared , and of allegations that they treated accused students unfairly in Title IX investigations.
But among K-12 schools, OCR discovered half a dozen that weren鈥檛 conducting Title IX investigations at all. Administrators interviewed by federal investigators appeared totally oblivious that the Supreme Court in the 1990s that sexual harassment and assault are forms of gender discrimination covered by Title IX.
The Title IX coordinator at the school district in told federal officials he had not investigated a single sexual harassment complaint in the 11 years he鈥檇 served in the position. One assistant principal in Strafford said he would call the Title IX coordinator if someone complained about 鈥渦nfairness in sports鈥 but would not involve them if there were rumors 鈥渁bout sexual contact between students鈥 or 鈥渋f they received notice of sexually harassing conduct through a disciplinary referral.鈥
The school district in had no record of providing any counseling or help to students who were allegedly abused by teachers, sexually assaulted in classrooms by other students or sodomized as part of a hazing ritual. It was 鈥渦ndisputed鈥 that officials at in Ohio took no action after being told a student was sexually assaulted, according to a letter detailing the conclusion of that district鈥檚 federal investigation. , a high school in Minnesota, failed to investigate allegations of sexual harassment from at least eight female students, who had all lodged accusations against the same male student, according to federal findings. At a district in Indiana, a student filed a harassment complaint against a peer, and the school鈥檚 principal suggested that the students鈥 parents work it out among themselves.
鈥淭he department is still documenting very serious sexual violence and unbelievable harm to students today in school, [but] its policy arm is telling schools to stop looking for that,鈥 noted Catherine Lhamon, who ran OCR from 2013 to 2017 and is now chair of the U.S. Commission on Civil Rights. 鈥淭he need is exponentially higher, and OCR is turning in the other direction.鈥
In November, the department proposed new regulations for how schools deal with sexual misconduct, in an effort to allow schools to investigate fewer Title IX cases. This is due to new requirements that schools wouldn鈥檛 need to investigate unless a formal complaint is submitted to the proper administrator 鈥 in K-12, a teacher or the Title IX coordinator 鈥 and a limit on the types of allegations subject to Title IX regulations, even though the department has found that many districts don’t have these proper administrators in the first place.
The Education Department has processing the 111,562 comments submitted about its proposed regulations, though it鈥檚 unclear when the rules will be finalized. The department did not respond to a request for comment.
When DeVos took office in 2017, she a huge backlog of Title IX investigations into schools鈥 handling of sexual violence. Her department reduced that pool over the past two years from an all-time high of 480 open investigations across K-12 and higher ed to 377 currently nationwide at colleges and K-12 districts.
According to additional documents obtained by 蜜桃影视 through records requests, four cases were closed discreetly in 2017 and 2018 because the schools reached settlement agreements with the students who filed complaints with the Education Department. Twenty-three federal probes were closed administratively, most commonly because the student had also sued the school over the same issues. Another 55 were closed because the department said it didn鈥檛 find any Title IX violations.
John Shields, a California-based consultant for school districts, believes that a major reason many K-12 administrators haven鈥檛 focused on beefing up their responses to sexual misconduct is that they aren鈥檛 required to disclose how many reports they receive.
鈥淲hen one of my clients recently went to their school board and did a presentation that revealed they had 650 [sexual misconduct] cases over four years, the board members were really very shocked and had no idea about the volume of cases,鈥 Shields said. 鈥淎s long as we don鈥檛 require districts to divulge the information, it鈥檚 really swept under the rug as something that鈥檚 not happening.鈥
When one middle schooler in Washington, D.C., reported that she鈥檇 been sexually assaulted at school, DCPS 鈥渇ailed to take any action to respond to the report.鈥 For sexual harassment cases that DCPS did handle, the Education Department found 鈥渕ultiple Title IX violations,鈥 including unfair hearings and 鈥渁n inadequate definition of sexual harassment.鈥
DCPS said in a statement that it鈥檚 made a lot of progress working to comply with Title IX. It hired a Title IX coordinator and two deputy coordinators to 鈥渃onduct investigations, notify both parties of the outcome, and ensure both parties have the right to appeal in a timely manner,鈥 the district stated.
In Michigan, the Education Department found Kalamazoo Public Schools in violation of Title IX by failing to address and prevent a female student from sexual battery.
The Kalamazoo is heavily redacted, but it makes clear that the student with a disability, referred to as 鈥淪tudent A,鈥 complained to administrators that she was sexually assaulted twice at school and then was taunted about it. Federal investigators wrote that 鈥渂y the time the District offered to take more substantial measures to prevent ongoing sexual harassment of Student A and address the impact it was having on her, such as an escort and a change of schedule, Student A had already been assaulted a second time. The evidence supports that this incident was a result of the District鈥檚 failure to promptly and effectively address the first incident.鈥
After the second assault, according to the victim鈥檚 family, administrators told her that she should should 鈥渟it down with鈥 the two assailants to 鈥渢alk about it.鈥
The district did nothing to stop the 鈥渢easing, threats, and humiliation by additional students at school, related to the two incidents鈥 that the victim received, the report concludes. Ultimately, Student A left the Kalamazoo district. The district did not provide anyone for comment for this story.
Budget constraints are a compounding challenge to districts鈥 ability to respond effectively to complaints, as many are already stretched financially, and there鈥檚 no local, state or national funding provided to comply with Title IX regulations.
Detroit鈥檚 schools were in severe fiscal strain at the time of the bus incident with the 5-year-old boy; that same school year, teachers over conditions in their buildings, which included everything from lack of textbooks to rats and roaches in the classrooms. The district by a state-appointed emergency manager charged by the Michigan governor to help steer the city . Vitti suggested that it contributed to their Title IX violations.
鈥淎ccountability and educational expertise was at an all-time low, and critical concerns such as this complaint were allowed to slip through the cracks,鈥 Vitti told 蜜桃影视.
That means Title IX and other civil rights take a back seat in those situations. Shields said a superintendent is likely to think: 鈥淭here are just so many competing priorities that in the absence of pressure from press, parents and attorneys, why would I put that fire out when I have all these other bonfires I need to deal with?鈥
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