Case Summary: Junior Doe, et al. & United States v. Allentown School District
On May 5, 2006, Junior Does filed a complaint against the Allentown School District alleging that, as six- and seven-year-old students, they were sexually assaulted by another student in the bathrooms at Central Elementary School during the 2003-2004 school year. On April 21, 2009, Junior Does amended their complaint to include a sex discrimination claim pursuant to Title IX of the Education Amendments of 1972, 20 U.S.C. 1681, and on July 10, 2009, the Division intervened. On August 3, 2011, Junior Does again amended their complaint to include allegations that a fifth student was sexually assaulted, adding another minor plaintiff as a party.
In the case, the Division alleged the following: that sexual assaults occurred on at least five separate occasions; that the district was made aware of each incident immediately after it occurred; and that despite this notice, the district did not take appropriate action, and in some circumstances took no action, to prevent the harassment from recurring. Furthermore, the department alleged that both before and after the sexual harassment of the students, the district failed to adopt and implement adequate and effective sexual harassment policies and procedure as required by federal law; had the district adopted and implemented such policies and procedures, the district would have prevented the continued sexual assault of students.
After extensive discovery, the Division and the school district negotiated aconsent decree. The court approved the proposed consent decree on July 31, 2012. The consent decree provides for substantial systemic relief and requires the school district to take the following steps: develop and implement a comprehensive plan for addressing and preventing sexual harassment in all district schools; retain an expert consultant in the area of student-on-student harassment to draft and implement a sexual harassment policy and procedures; provide training to administrators, faculty, staff, students and parents on sex-based harassment; select qualified district and school-based equity coordinators to ensure proper implementation of the district's harassment policies and procedures and compliance with Title IX, including prompt investigation, resolution and reporting of sexual harassment complaints and allegations; create procedures for identifying, monitoring, and supervising students with a confirmed history of sexual harassment toward other students; develop and implement policies and procedures for communicating with outside agencies, such as police, hospital and child protection agencies, of allegations of sexual harassment in the district; and submit annual compliance reports to the Division.