In the report released on August 30, 2024, the U.S. Department of Education's Office for Civil Rights (OCR) made it clear that Memphis-Shelby County Schools (MSCS) had fallen short in their obligations to provide a safe and harassment-free environment for students.
The Facts: A Three-Year Period of Failure The report highlighted 148 incidents of sexual harassment and assault over three school years, including 7 incidents of teachers or substitute teachers sexually assaulting students, 53 cases of staff members sexually harassing students, and 88 cases of students sexually harassing each other. These disturbing numbers raise serious concerns about the efficacy of MSCS's response to such situations.
District Violations: A Pattern of Failure The OCR report identified clear district violations of Title IX, citing a lack of designated Title IX coordinators for substantial portions of the compliance review period, inadequate coordination of responses to reports of sexual harassment and assault, and failure to involve Title IX coordinators in staff-involved incidents. Furthermore, MSCS was found to have not maintained compliant notice of nondiscrimination policies, failed to fulfill record-keeping obligations, and provided inconsistent reporting data.
Resolution Agreement: A Step Towards Compliance The OCR has reached a resolution agreement with MSCS leaders to address these issues and make necessary changes for the future. The district has committed to adopting and publishing compliant notice of nondiscrimination policies, designating trained Title IX coordinators, revising sexual harassment response policies, reviewing past complaints, conducting training on Title IX procedures, developing procedures for documenting complaints, conducting student surveys, and ensuring timely data submission.
A Call to Action: Ensuring Student Safety As Assistant Secretary for Civil Rights Catherine E. Lhamon noted, students in the Memphis-Shelby County School District deserve a safe learning environment free from discrimination, as promised by Title IX. The OCR will continue to monitor MSCS's compliance with these obligations in the coming years.