Well we aren't expecting much news from the Department of Education's Office for Civil Rights this week, due to the government shutdown. Not surprisingly, Title IX enforcement is one of the many casualties of the political situation in Washington.
But there is some news to report, in that just prior to the shutdown, OCR entered into a resolution agreement with the D.C. Public Schools. As the Washington Post reported on Tuesday, the agreement settles one of two pending complaints against DCPS alleging gender inequity throughout the city's high school athletic programs. The settlement requires DCPS to gather information about the number of participation opportunities available for girls and boys and to monitor girls' interests in sports that the schools do not yet offer. This information, which DCPS must report to OCR on an annual basis, will form the basis for its obligation to respond to the gender gap in opportunities by adding appropriate new opportunities for girls. As we noted in an earlier post, at most of the D.C. high schools, a double-digit disparity separates the percentage of athletic opportunities for boys from the percentage of opportunities for girls.
The complaint against DCPS was filed by Herb Dempsey, whom the Post described as "a retired educator and activist in Washington state" who is the "head of a loose coalition of retired men that calls itself 'Old Guys for
Title IX'" that has filed thousands of similar complaints across the country. Another Title IX complaint against DCPS filed by the National Women's Law Center on similar grounds remains pending. It is not yet clear how the recent settlement will affect the resolution of that case.
Showing posts with label District of Columbia. Show all posts
Showing posts with label District of Columbia. Show all posts
Friday, October 04, 2013
Saturday, June 29, 2013
Title IX Violations Alleged in D.C. Public Schools
The Washington Post reported yesterday on efforts to remedy the gender disparities in athletics throughout the public high schools in the District of Columbia. This week, the National Women's Law Center filed a complaint challenging the relative lack of opportunities for girls as well as inequalities in the resources available for girls' teams. As shown in the Post's graphic below, at most of the District's high schools, the percentage of athletic opportunities got girls is at least ten points lower -- and several more than twenty points lower! -- than the percentage of students who are girls. To underscore this disparity, NWLC's complaint notes that if the D.C. Public Schools allocated athletic opportunity proportionate to the representation of each gender in the high school student bodies, an additional 688 opportunities would have to be added for girls.
Collectively, D.C.'s disparities are worse not only than those in surrounding suburban areas, but as compared to those in other major cities as well, the Post reported. They also indicate a strong possibility of Title IX violations throughout the District, especially when coupled allegations in the complaint that D.C.P.S. found survey evidence of girls' unmet interest in athletics, to which it has not responded.
It was reported that NWLC filed its complaints with the Department of Education's Office for Civil Rights after efforts to negotiate with D.C.P.S. were "unfruitful." This apparent recalcitrance is unfortunate, and consistent with the fact, as noted by the Post, that the NWLC is not the first to file Title IX complaints against the District. Hopefully its effort will not need to be duplicated in the future as well.
Collectively, D.C.'s disparities are worse not only than those in surrounding suburban areas, but as compared to those in other major cities as well, the Post reported. They also indicate a strong possibility of Title IX violations throughout the District, especially when coupled allegations in the complaint that D.C.P.S. found survey evidence of girls' unmet interest in athletics, to which it has not responded.
It was reported that NWLC filed its complaints with the Department of Education's Office for Civil Rights after efforts to negotiate with D.C.P.S. were "unfruitful." This apparent recalcitrance is unfortunate, and consistent with the fact, as noted by the Post, that the NWLC is not the first to file Title IX complaints against the District. Hopefully its effort will not need to be duplicated in the future as well.
Saturday, March 10, 2012
Sexual Harassment Roundup
Here are summaries of three recent decisions in Title IX sexual harassment cases from around the country.
As reported here, a federal judge will let the mother of a bullied middle school student continue to pursue her lawsuit against the Cypress-Fairbanks (Texas) Independent School District, having denied the district's motion to dismiss her claims under Title IX. The bullied student, Asher Brown, committed suicide in 2010 after enduring two years of bullying and harassment by his peers, who targeted Brown for his perceived sexual orientation among other reasons. Brown's Asperger's syndrome challenged his ability to interact socially with his peers. Additionally, Brown was small, not athletically inclined, talked with a lisp, and pigeon-toed -- a condition that caused him to walk with a "sashay." The court determined that the plaintiff sufficiently alleged that Brown was targeted because of sex, in that the bullies' perception of Brown's homosexuality was rooted in his gender nonconforming behavior, as evidenced by the gay slurs and other sexual behavior that they used to taunt him. The court also accepted plaintiff's allegations that the school district was on notice of the harassment, notwithstanding that the middle school principal did not know, because Brown and his parents complained regularly to counselors, teachers, and other school officials with authority to take corrective action. They further allege that in response to their complaints, no action was taken to address the bullies or protect Brown from further harassment. Barring settlement, a trial will take place likely next year. Brown v. Ogletree, 2012 WL 591190 (S.D. Tex. Feb. 21, 2012).
Another federal court dismissed Title IX claims against Blackburn College, in Illinois, stemming from the rape of a female student, the plaintiff, by an unknown attacker. According to the court, undisputed facts demonstrate that the college did not have actual notice of the threat. While agreeing with the majority of courts that the threat of harassment need not be "plaintiff-specific," the court nevertheless found insufficient basis to conclude that college was aware of a risk in this case, as prior instances of campus rape known to officials at the time of plaintiff's assault did not involve unknown attackers. Nor was Blackburn indifferent to sexual harassment after plaintiff reported the rape to college officials. College counselors met with the plaintiff on the night of the assault and many times thereafter, officials held a town hall meeting about campus safety, assisted her with off-campus resources, and offered academic accommodations. This response is not deliberate indifference as required for Title IX liability to attach. Doe v. Blackburn College, 2012 WL 640046 (C.D. Ill. Feb. 27, 2012).
A federal court dismissed Title IX and other claims against the District of Columbia arising out of a teacher's alleged sexual relationship with a high school student. According to the court, the student-plaintiff did not allege that she reported the relationship to anyone. Though her pregnancy was known, she did not report nor was anyone aware that the pregnancy resulted from a sexual relationship with a teacher. Once the District officials did receive report of the relationship, they investigated the matter and ultimately found the teacher not liable. According to the court, "In light of the breadth of this investigation and its inconclusive results, DCPS can hardly be said to have acted with deliberate indifference by not firing Weismiller [the teacher] then. Finally but significantly, Plaintiff does not allege that further sexual harassment occurred as a result of [DCPS's] deliberate indifference." Blue v. District of Columbia, 2012 WL 746400 (D.D.C. Mar. 8, 2012).
As reported here, a federal judge will let the mother of a bullied middle school student continue to pursue her lawsuit against the Cypress-Fairbanks (Texas) Independent School District, having denied the district's motion to dismiss her claims under Title IX. The bullied student, Asher Brown, committed suicide in 2010 after enduring two years of bullying and harassment by his peers, who targeted Brown for his perceived sexual orientation among other reasons. Brown's Asperger's syndrome challenged his ability to interact socially with his peers. Additionally, Brown was small, not athletically inclined, talked with a lisp, and pigeon-toed -- a condition that caused him to walk with a "sashay." The court determined that the plaintiff sufficiently alleged that Brown was targeted because of sex, in that the bullies' perception of Brown's homosexuality was rooted in his gender nonconforming behavior, as evidenced by the gay slurs and other sexual behavior that they used to taunt him. The court also accepted plaintiff's allegations that the school district was on notice of the harassment, notwithstanding that the middle school principal did not know, because Brown and his parents complained regularly to counselors, teachers, and other school officials with authority to take corrective action. They further allege that in response to their complaints, no action was taken to address the bullies or protect Brown from further harassment. Barring settlement, a trial will take place likely next year. Brown v. Ogletree, 2012 WL 591190 (S.D. Tex. Feb. 21, 2012).
Another federal court dismissed Title IX claims against Blackburn College, in Illinois, stemming from the rape of a female student, the plaintiff, by an unknown attacker. According to the court, undisputed facts demonstrate that the college did not have actual notice of the threat. While agreeing with the majority of courts that the threat of harassment need not be "plaintiff-specific," the court nevertheless found insufficient basis to conclude that college was aware of a risk in this case, as prior instances of campus rape known to officials at the time of plaintiff's assault did not involve unknown attackers. Nor was Blackburn indifferent to sexual harassment after plaintiff reported the rape to college officials. College counselors met with the plaintiff on the night of the assault and many times thereafter, officials held a town hall meeting about campus safety, assisted her with off-campus resources, and offered academic accommodations. This response is not deliberate indifference as required for Title IX liability to attach. Doe v. Blackburn College, 2012 WL 640046 (C.D. Ill. Feb. 27, 2012).
A federal court dismissed Title IX and other claims against the District of Columbia arising out of a teacher's alleged sexual relationship with a high school student. According to the court, the student-plaintiff did not allege that she reported the relationship to anyone. Though her pregnancy was known, she did not report nor was anyone aware that the pregnancy resulted from a sexual relationship with a teacher. Once the District officials did receive report of the relationship, they investigated the matter and ultimately found the teacher not liable. According to the court, "In light of the breadth of this investigation and its inconclusive results, DCPS can hardly be said to have acted with deliberate indifference by not firing Weismiller [the teacher] then. Finally but significantly, Plaintiff does not allege that further sexual harassment occurred as a result of [DCPS's] deliberate indifference." Blue v. District of Columbia, 2012 WL 746400 (D.D.C. Mar. 8, 2012).
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