Federal

OCR to Review Policies Against Harassment

By Lesli A. Maxwell — February 07, 2006 4 min read
  • Save to favorites
  • Print

The U.S. Department of Education’s new civil rights chief has put school districts on notice that protecting students from sexual harassment will be a top priority.

In one of her first acts as assistant secretary for civil rights, Stephanie Monroe recently informed school district leaders across the country that the department will launch a series of “compliance reviews” to evaluate how schools are dealing with sexual-harassment issues.

Ms. Monroe, a lawyer who spent 25 years working in the Senate as a counsel and staff member to various committees, was nominated by President Bush last summer and confirmed by the Senate in December.

In a “Dear Colleague” letter dated Jan. 25, Ms. Monroe commended efforts by many districts to deal with harassment issues, but wrote, “Unfortunately, a significant number of students are still subjected to sexual harassment, which can interfere with a student’s education as well as his or her emotional and physical well-being.”

In a phone interview, Ms. Monroe said she wanted to re-emphasize the commitment of the Education Department’s office for civil rights to “investigate and remedy sexual harassment issues through Title IX.”

Following Up

Title IX of the Education Amendments of 1972 is the law barring sex discrimination in federally funded schools and colleges. Ms. Monroe attached to her letter the Education Department’s extensive guidance, released in January 2001, on sexual harassment of students by other students or by school employees.

That guidance was largely meant to interpret U.S. Supreme Court decisions of the late 1990s holding that schools could be held liable for monetary damages in lawsuits if they failed to adequately respond to sexual harassment of students.

Bias Complaints

The U.S. Department of Education’s office for civil rights received 5,044 complaints in the 2004 federal fiscal year.

*Click image to enlarge

BRIC ARCHIVE

SOURCE: U.S. Department of Education

Ms. Monroe said the decision to conduct compliance reviews was not driven by an increase in sexual-harassment complaints to the OCR. Instead, she said, the reviews will follow up on a series of earlier reviews by the office, which found that many schools lacked grievance procedures for victims of sexual harassment.

“One of the things we want to do is make sure that there is a point of contact at every school where people know they can go to file a grievance,” Ms. Monroe said. “We don’t dictate what that process has to look like … but it’s important that every school have one.”

In the 2004 federal fiscal year, the most recent for which statistics have been analyzed, the OCR received 5,044 discrimination complaints of any type. Of those, 283, or 6 percent, were allegations of sex discrimination. Most complaints to the office were based on allegations of disability discrimination. (See chart, this page.)

Ms. Monroe said that the civil rights office had not yet decided how many compliance reviews will be done, or which school districts will be targeted.

OCR officials will likely interview students and school employees at campuses and look at whether schools have grievance procedures, the types of complaints filed, and how those were handled, said Samara Yudof, an Education Department spokeswoman.

One lawyer who advises districts on Title IX matters said school administrators should be prepared for a thorough evaluation and have updated anti-harassment policies that reflect a range of issues, including harassment based on sexual orientation and gender identity.

“If I was advising a school district, I’d tell them to have a policy that’s current, covers the categories that should be covered, and make sure that teachers and staff are well trained on the policy,” said Lisa Soronen, a staff lawyer with the National School Boards Association in Alexandria, Va.

Peggy Burns, a lawyer for a suburban district in Colorado, said she and other administrators made sexual-harassment prevention a top priority several years ago.

One of the most important things the district did, Ms. Burns said, was to simplify the grievance process so that victims would be less intimidated by filing complaints.

“Students know they can go to any adult in the district and tell them what’s happening and that the complaint will go to their principal for investigation,” said Ms. Burns, the staff counsel for the 36,000-student Adams 12 Five Star district, which serves five cities north of Denver. “We don’t insist on a written report; instead, we ask questions and follow an investigative template to get as full a report as we can from the children.”

Barrier to Learning

Another change, Ms. Burns said, was training every level of employee, whether a teacher or a bus driver, to watch for evidence of harassment and report it. Most students’ harassment complaints in the district are allegations against other students.

“This is just critical because these are the people who are around students the most and are in a position to see when something is not right,” she said.

The district’s changes, Ms. Burns said, have actually driven up the numbers of complaints that principals receive, a positive development in her view.

Ms. Burns said she was heartened by Ms. Monroe’s letter, but wondered why she highlighted sexual harassment. “I would have liked [Ms. Monroe] to emphasize that any harassment on constitutional grounds, whether it’s racial, religious and so on, is a barrier to learning,” she said.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
From Exposure to Experience: Designing Accessible Work-Based Learning
Learn how schools can create meaningful experiences that help every student build skills, connections, and a clearer path to their future.
Content provided by Project Lead The Way
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
A Tale of Two School Districts: Forecasting Enrollment
Forecasting enrollment is hard. Here’s how two different districts are navigating times of change with data that considers the whole picture.
Content provided by Zonda Education
Reading & Literacy K-12 Essentials Forum Strategies to Create a Culture of Reading in Schools
Join this free virtual event to learn how teachers and school district leaders ensure students are reading enough.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Federal Opinion Margaret Spellings and Arne Duncan: The Ed. Agenda We Can Agree On
We need to get education back on track, write the former Ed. Secretaries. Let’s start at the top.
Margaret Spellings & Arne Duncan
•
5 min read
Government research, State budgets, public education, back on track, Education Agenda
Vanessa Solis/Education Week + Getty
Federal Q&A A Top Democrat Breaks Down His Party's Plans for K-12 in a House Majority
If Democrats retake the House, Rep. Bobby Scott may be in a position to set his chamber’s K-12 agenda.
5 min read
Rep. Bobby Scott, D-Va., speaks during a prayer vigil held by the Chesapeake Coalition of Black Pastors at The Mount (Mount Lebanon Baptist Church) in Chesapeake, Va., Sunday, Nov. 27, 2022, for the six people killed at a Walmart in Chesapeake, Va., when a manager opened fire with a handgun before an employee meeting Tuesday night.
Rep. Bobby Scott, D-Va., speaks during a prayer vigil in Chesapeake, Va., on Nov. 27, 2022. Scott is the ranking Democrat on the U.S. House of Representatives' education committee and will seek the panel's chairmanship if Democrats win a House majority in next month's elections.
Carolyn Kaster/AP
Federal What a Democratic Congress Could Mean for Trump's K-12 Agenda
They may try to reverse—or at least investigate—the Trump admin.'s efforts to dismantle the Ed. Dept.
9 min read
House Minority Leader Hakeem Jeffries, D-N.Y., the top Democrat in the Republican-majority House, is joined by Rep. Pete Aguilar, D-Calif., chair of the House Democratic Caucus, as they criticize President Donald Trump and his policies while talking to reporters about the approaching midterm election, at the Capitol in Washington, Thursday, Sept. 17, 2026.
House Democratic Leader Hakeem Jeffries speaks at the U.S. Capitol on Sept. 17, 2026. He's joined by Rep. Pete Aguilar, D-Calif., who chairs the House Democratic Caucus. If Democrats gain a majority of either chamber of Congress after next month's elections, they'll be able to hold oversight hearings on and launch investigations into the dismantling of the U.S. Department of Education.
J. Scott Applewhite/AP
Federal The Future of Education Research: More Partisan and Largely Left to States?
As Trump administration works to change federal grants, outside researchers try to regroup.
6 min read
Image of file folders with tabs called "funding" "grants" "projects" and a blank note paper paperclipped to the outside.
Collage by Laura Baker/Education Week + Getty