OWASSO, Okla. — The U.S. Department of Education's Office for Civil Rights (OCR) announced Owasso Public Schools entered an agreement to fix Title IX violations involving sexual harassment in its schools.
The OCR investigation found the district has a practice of handling reports of sexual harassment of students informally and inadequately.
It found repeated instances over a three-year period where staff learned of possible sexual harassment yet didn't explain the process for filing a Title IX complaint.
Title IX "prohibits recipients of federal financial assistance from subjecting students to discrimination based on sex under any of the recipient’s education programs or activities. Sexual harassment is a form of discrimination based on sex under Title IX."
Read the full resolution letter from the OCR here.
Changes to Title IX in 2020 require districts to follow specific procedures after learning of possible sexual harassment:
- Respond promptly
- Offer supportive measures
- File formal complaint
- Conduct investigation
- Grievance process
- Maintain records and documentation
What are the findings:
The OCR said OPS failed to respond properly to these reports:
- A teacher was grooming female students on social media by sending more than 130 messages to them describing their physical appearance and requesting their photographs, among other topics
- A very young elementary school student was subjected to repeated harassing remarks that were described as sexual in nature.
- A male student repeatedly hit and made unwelcome sexual comments to a female sixth-grade student at school and on the school bus.
- Multiple students were subjected to repeated sex-based slurs, harassment, and physical assault.
The investigation found OPS only conducted two formal Title IX investigations in the past three years and could only provide limited records to OCR in those two instances.
Investigation into Nex Benedict's Death:
The OCR said OPS failed to take the required steps after the death of Nex Benedict in February.
The 20-page findings detailed several investigations; to protect their identities, students and adults involved in the investigations were identified with letters.
Through information and videos already made public during the investigation into their death, 2 News can identify Student A as Nex Benedict. The findings detail the incident on Feb. 7th that Owasso police and the district released statements about at the time.
Reported incidents:
The OCR report details multiple incidents where Benedict reported bullying based on sexual orientation starting in the 2021-22 school year when a teacher reported it.
In Spring 2023, Benedict's mother said that Nex was sitting "with a group of friends when other students began calling the group names." She said Benedict told the students to shut up and was sent home. Benedict's mother said she "told an assistant principal that Student A had been responding to bullying but that no one followed up with her about her report."
School officials denied knowing about these incidents.
In Fall 2023, Benedict's mother said bullying incidents became more frequent, but she said her child did not want her report it. Benedict's mother told OCR she did report 3-5 bullying incidents to a school counselor anyway. She said no action was ever taken.
These incidents led to what is called the "Incident of February 7, 2024" in the OCR report.
Local News
TIMELINE: Investigation into Nex Benedict's death
A day after that incident, Benedict died by suicide.
The OCR said the district did not start a Title IX investigation in this incident because they didn't have information that the incident involved sexual harassment allegations.
In the analysis of this incident, the OCR found:
"This harassment of gender-nonconforming students occurred within the context of an in-school placement, supervised by High School staff, suggests that the District did have actual knowledge of conduct that could meet the regulatory definition of sexual harassment for Students A, B, and C.
But even without resolving those contested facts, OCR’s investigation confirmed that when the District received notification after Student A’s death by suicide that Students A, B, and C experienced conduct that could meet the regulatory definition of sexual harassment, the District still did not fulfill its obligation under 34 C.F.R. § 106.44(a) to notify Students B and C and their parents, as well as Student A’s parent, how to file a formal sexual harassment complaint or to offer supportive, individualized, services.
What's next?
OCR and the district reach an agreement on changes the district needs to make to "remedy the District's failure to comply with requirements of Title IX."
These are the agreed upon changes:
- Contact the parents of students affected by sexual harassment in the district to inform them of the process for filing a Title IX complaint and the availability of supportive measures;
- Issue a public anti-harassment statement and nondiscrimination statement to the district community;
- Review and, if necessary, revise its Title IX policies to ensure compliance with Title IX’s requirements about sex discrimination, including sexual harassment;
- Provide training on Title IX to district staff and students, including the full scope of its sexual harassment coverage;
- Conduct a climate survey on sexual harassment in the district;
- Review all complaints of sexual harassment received in the past three school years and an audit of all complaints received in the next two school years to ensure that the district processes all complaints consistent with Title IX; and
- Develop and implement a recordkeeping system that adequately and accurately documents and preserves all records required by Title IX.
The OCR further said:
“Owasso students and their families did not receive the fair and equitable review process from their school district guaranteed to them under Title IX; at worst, some students experienced discrimination Congress has long guaranteed they shall not endure at school,” said Assistant Secretary for Civil Rights Catherine E. Lhamon. “The district has signed a robust agreement to assure that students who attend school in the district will be afforded their rights under Title IX, including the right to file a complaint, learn about and receive supportive services individualized to their needs, and benefit from federal nondiscrimination protection when they experience harassment.”
READ the full letter from DOE to Owasso Public Schools
What does the district say?
2 News reached out to Owasso Public Schools about the findings and they sent this statement:
It is important to note that when OCR presented the Resolution Agreement to the district, it declined to provide the district a copy of its 20 page Letter of Resolution, which was released today.
The Voluntary Resolution Agreement drafted by OCR and signed by OPS clearly states, "This Agreement does not constitute an admission that the District is not in compliance with Title IX and/or the 2020 Title IX regulation” and "the District does not admit it knew of acts of harassment in its programs and activities that were so severe, pervasive and objectively offensive that it deprived any student of access to the educational benefits of opportunities provided by the District.”
OPS has cooperated fully with OCR during its investigation and is committed to fulfilling the requirements of the Voluntary Resolution Agreement with the utmost seriousness and care, as we believe every student has the right to learn in an environment free from discrimination and harassment. The Voluntary Resolution Agreement signed by OPS reaffirms our dedication to fostering a non-discriminatory and harassment-free environment for all students and ensures the district will continue to receive federal funding which is critical in supporting and serving all of our students.
We are confident that these steps will enhance the safety and inclusivity of our school community.
The district also released a statement about the part of the investigation into complaints of violations of Section 504 of the Rehabilitation Act or Title II of the Americans with Disabilities Act.
The OCR didn't find any violations in this part of the investigation, but the school also voluntarily agreed to make changes regarding that and sent a letter to parents: You can read that full letter here.
2 News made multiple attempts to reach Superintendent Margaret Coates, even walking into the education services center.
By way of a spokesperson, she declined an on-camera interview.
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