Feds Investigate Discrimination Charge Against Framingham Schools

For the second time in two years, the U.S. Department of Education’s Office of Civil Rights is investigating Framingham Public Schools, after a discrimination complaint was lodged against Framingham High.

An investigation was started during the summer by the federal government, after a complaint was filed on July 30.

The complaint alleges Framingham High discriminated against English Language Learner students during the 2014-15 school year.

Framingham Patch contacted Superintendent of Schools Stacy Scott for comment on the complaint on Wednesday. He has not responded as of 6 a.m. Thursday.

Patch also contacted Framingham High Principal Elyse Torbert, who was interim principal last year after newly-hired principal Adam Goldberg took a leave of absence and eventually resigned in his first year.

The U.S. Department of Education will only confirm that an investigation is taking place. A spokesperson said it will not release details about the investigation during that phase.

When the Office of Civil Rights determines it will investigate a complaint, it issues notification to the complainant and the recipient.

During the investigation, the Office of Civil Rights acts as a ”neutral fact-finder.” It will “collect and analyze relevant evidence from the complainant, the recipient, and other sources as appropriate.”

At the conclusion of the investigation, which can take up to six months, the Office of Civil Rights will determine with regard to each allegation that:

• There is insufficient evidence to support a conclusion that the recipient failed to comply with the law, or
• A preponderance of the evidence supports a conclusion that the recipient failed to comply with the law

The last complaint investigated by the federal agency was in regards to reports of sexual assault by a football player in 2012. That complaint was filed in March 2013 by former Framingham High School social worker Kevin Fox.

After the investigation by the Department of Education’s Office of Civil Rights Framingham agreed to voluntarily make changes to its policies and to train staff in Title IX laws. The public school district signed an agreement with federal agency.

Framingham Patch was the first news outlet to report that two sexual assault took place at Framingham High, by one male athlete. The news became public when one of the teens attacked agreed to go public and stage a public protest the day Framingham High School was hold an assembly for male students on how to treat women.

When Framingham Public Schools signed an agreement with the Office of Civil Rights in 2013, it agreed to make several changes including providing:

Office of Civil Rights with “documentation showing that it has revised its website and its student and employee handbooks to include a section on Title IX coordinators, including their names and contact information, and notice of the district’s Office of Civil Right approved grievance procedure, and that it has widely announced and dispersed this information throughout the community.”

Documentation of its request via email and at faculty meetings that “high school staff report any concerns that have come to their attention concerning sexual harassment involving current students or staff. The documentation will include a summary of each incident reported, including a description of the incident and those involved, and the District’s response to each incident.”

“Documentation of the Superintendent’s and high school principals’ emails to all high school students and parents that sexual harassment will not be tolerated and requesting any such concerns be reported to the District’s Title IX Coordinator. The emails will include, at a minimum, a definition of sexual harassment, consequences for engaging in such conduct as well as examples of victim-centered remedies.”

Training for all staff on Title IX and the procedure on how to file a complaint.

Documentation of its revised memorandum of understanding with the Framingham Police Department, which will “include language acknowledging the District’s independent obligation to respond to sexual harassment and violence pursuant to Title IX and that law enforcement will not unnecessarily impede with the District’s ability to comply with Title IX.”

Creating a plan to track and handle complaints.

Back in May 2013, when the complaint was filed against the Framingham Public School District Scott said “we want to make sure we are sending out a message that not only is there zero tolerance of any sexual harassment or assault, but also to create an environment where everyone feels safe and comfortable coming forward to report any issues or problems.”