Schools focus on sexual misconduct as reports rise

PALO ALTO >> As more complaints of sexual misconduct against students are being logged, the Palo Alto Unified School District is working to make “immediate, systemic improvements” to how the cases are handled, Board President Terry Godfrey said in a letter to the community.

“We realize that a change in culture and in processes is needed, and that we need to devote our resources to these important changes,” Godfrey said in the July 13 letter.

One change was to establish a new full-time compliance officer position to coordinate the district’s response to potential violations of federal Title IX and civil rights laws “promptly, vigorously and effectively,” Godfrey said.

While the district searches for that compliance officer, John DiPaolo, of the Cozen O’Connor law firm, is serving as the interim Title IX officer. Godfrey said the job previously was done by an administrator, Holly Wade, who also was responsible for the district’s special education, counseling services and attendance departments.

School officials also are working this month to revise board policies and administrative regulations related to sexual harassment so that the path for reporting and investigating such abuses are easier for school staff and community members to follow, Godfrey said.

She said district leaders decided to make immediate changes based on interim findings from Cozen O’Connor, community feedback and the district’s agreement with the U.S. Department of Education’s Office for Civil Rights to investigate old sexual misconduct cases, some dating back to 2007.

The school board decided in May to have Cozen O’Connor investigate what Godfrey characterized as the district’s “institutional response” to a reported sexual assault on the Palo Alto High School campus in October.

Preceding the board’s decision was the drumbeat by parents for Superintendent Max McGee and Paly Principal Kim Diorio to resign.

Parents said district leaders should have notified the school community in October that a female student, 14 at the time, reported being sexually assaulted by an older male student on campus during school hours. The parents also suggested school leaders did not adequately investigate the matter, allowing the male student to continue attending classes and playing sports.

Godfrey said the school board plans to share Cozen O’Connor’s findings about the October case in an open session after summer break.

A resolution agreement signed in March with the federal Office for Civil rights also requires the district to assign an independent investigator to review reports from the 2013-14 school year that a former Palo Alto High principal sexually harassed students; accusations in 2007 and 2013 that a former Palo Alto High School teacher groomed a student and had a sexual relationship with her soon after graduation; and reports of off-campus sexual violence during the 2012-13 school year and in March 2014. Cozen O’Connor is set to complete this review and share findings in December.

“We must talk openly and frankly about consent, caring and respect, about how to stand together, and how to seek help when needed,” Godfrey wrote. “There is a role for all of us — students, staff, families, community — to play in creating the school environment in which our students will thrive.”

Since mid-May, following media reports and public scrutiny of the district’s handling of student sexual violence, the district has received a number of reports involving sexual assault and harassment.

In May alone, 18 reports of Title IX or sexual harassment and assault cases were recorded on the district’s Uniform Complaint Procedure log, which documents possible federal and state program violations.

Godfrey said the district has received 10 more cases since the start of June. Seven of these cases involve a Title IX complaint or complaints related to sexual harassment, sexual comments or inappropriate touching.

The new cases reflect a mix of incidents that occurred recently as well as months ago but not reported until now, Godfrey said. Some incidents occurred on school campuses and others off campus, she added.

“All have been added to the log and will be investigated,” Godfrey said.

One anonymous complaint mentions a Gunn High School teacher sexually harassing students. Another complaint involves a Paly staff member who was sexually harassed by a student, though the staff member did not request an investigation.

One incident involves sexual harassment by employees at an off-campus job.

One of the entries noted that the Palo Alto Police Department and Child Protective Services were notified after an elementary summer program student at JLS Middle School “inappropriately touched a younger child … during a program activity.” The younger child is not a program participant.

Not all the cases involve sexual violence.

One entry shows that bilingual parents at Terman Middle School have asked the district to share information about issues such as bullying and special education in a language they can understand.

Another entry shows that a parent alleges a Jordan Middle School teacher “inappropriately reported the family for possible child welfare problems.”

The log provides minimal details, which DiPaolo, the interim Title IX officer, says is a result of the district adhering to the Family Educational Rights and Privacy Act. Information includes the date the report was filed, the school year in which the incident occurred, the school where the incident occurred, the nature of the complaint, the status of the case and the name of the staff member overseeing the case.

Godfrey said she hopes to work with DiPaolo to craft a policy to make the log as comprehensive, transparent and timely as possible, as well as consistent with what information other school districts offer. The matter is up for discussion by school board members in coming months, Godfrey said.

Godfrey said she believes the log should be updated every time the district receives information about a new case or there’s an update to an existing case.