Upfront
‘Rape culture’ (continued from page 3)
the district’s inquiry is to determine whether “additional steps (by the school district) are warranted in the individual matter and in school and district policies.” As co-chair of Stanford’s Board on Judicial Affairs, Dauber formulated an “Alternative Review Process” for handling sexual-assault cases at Stanford that was adopted by the university’s Faculty Senate May 2 after a three-year pilot. Dauber said Stanford’s new process is meant to “create a more welcoming process for victims while maintaining a high level of protection of the rights of accused students.” “Stanford’s new policy places it in the first ranks of schools who have taken rape seriously as a civil-rights issue for female students,” Dauber said. “While male Yale students were marching around their campus last year chanting ‘no means yes’ and other horrible misogynist pro-rape slogans, Stanford faculty and students were working hard on making Stanford a better, safer place for female students,” she said. Federal law requires schools to investigate alleged sexual assaults it knows or “reasonably should know” about — even if they occurred off campus, according to the 2011 “Dear Colleague” letter. Under Title IX of the federal Education Amendments of 1972, school districts are obligated to determine
whether the alleged assaults led to a “hostile environment” on campus, both for the victim and for other students, the letter said. In one of the Paly cases recounted in the Verde article, the alleged sexual assault victim felt so tormented by fellow students after word of the off-campus incident got out that she had to leave school. “Everyone was making me feel like just a lying slut who got herself in this situation,” the student told Verde magazine. “Even though I knew that’s not what happened, that’s how people were making me feel.” The girl said she also felt harassed electronically through Facebook messages and Tumblr posts that said she was just looking for attention. Verde reported that the Palo Alto High School Adolescent Counseling Services filed a police report on the student’s behalf but the student chose not to press charges. Dauber said the district was “legally obligated to conduct (an) investigation and to ensure that the victim was free from retaliation and additional harassment.” Verde editor Evelyn Wang and the author of the main story, Lisie Sabbag, told the Weekly they were concerned about the inquiry because it could further traumatize the rape victims. “This will cause more trauma and it simply isn’t good for our sources at all,” Wang said. Wang said the student journalists feel people asking for an investigation had “mischaracterized and conflated” elements of the Paly story.
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The 2011 Office for Civil Rights policy statement on sexual violence says schools should obtain consent from the complainant — or the complainant’s parents if the complainant is under 18 — before starting an investigation, although elsewhere it states a school “that knows, or reasonably should know, about possible harassment must promptly investigate to determine what occurred and then take appropriate steps to resolve the situation.” The school investigation “is different from any law-enforcement investigation, and a law-enforcement investigation does not relieve the school of its independent ... obligation to investigate the conduct,” the agency said. Dauber said she had little information on how the district was following up on her call for a Title IX investigation other than a brief note from Skelly saying that “we have a plan on this and are moving forward. “‘We have begun to gather some facts and are going to circle around this issue. Your analysis is helpful,’” Dauber said Skelly’s note said. Dauber suggested that the district seek “technical assistance” from the Office for Civil Rights on the subjects of sexual violence and sexual harassment. “I believe that is the best and most certain way to ensure that PAUSD complies fully with the law,” she wrote in an email Wednesday. “It would also help to show the public that PAUSD is trying to get this right and is engaging with experts in the federal government to do that.” N Staff Writer Chris Kenrick can be emailed at ckenrick@paweekly. com.
LEGAL ISSUES
Another civil-rights complaint filed against district Feds launch third investigation in last two months by Palo Alto lready dealing with two new active investigations into whether it violated the civil rights of a Duveneck Elementary School student and a middle school student, the Palo Alto Unified School District was notified Friday that a third case has been opened by the federal Department of Education’s Office for Civil Rights. The latest case involves a specialeducation middle school student who is alleging discrimination based on disability. The district released the notification letter from the Office for Civil Rights (OCR) on Wednesday. The letter does not contain details, but a copy of the complaint submitted by the parent to OCR obtained by the Weekly alleges that the district failed to provide the student with educational services equal to those afforded mainstream students, did not ensure a safe and secure school environment and did not properly carry out the student’s individual education plan (IEP.) “This has been an ongoing issue that I have been trying to work through the school channels since the beginning of this school year,” the complaint states. The complaint also says the family has been working with both an educational advocate and an attorney to try to resolve the issues with
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Online This Week
These and other news stories were posted on Palo Alto Online throughout the week. For longer versions, go to www.PaloAltoOnline.com/news or click on “News” in the left, green column.
Stanford study finds ‘killer frog’ in San Francisco Killer frogs are on the loose in San Francisco. They don’t kill humans, but there is a frog that is carrying a deadly infection that is destroying the amphibian population around the world, a study from Stanford University School of Medicine reports. (Posted May 16, 9:19 a.m.)
Menlo Park fire chief recovering from fall After tumbling off a ladder at his San Jose home over the weekend, Menlo Park Fire Protection District Chief Harold Schapelhouman is on the mend. (Posted May 15, 11:04 a.m.)
Ban on vehicle dwelling back on the table After balking last year, Palo Alto is now once again pursuing a new law that would make it illegal for people to live in vehicles. (Posted May 14, 11:55 PM)
District ‘not successful’ in filling communication post The Palo Alto school district so far has not been successful in its search for a new communication coordinator but the search will remain open until May 31, officials said. (Posted May 14, 9:17 a.m.)
Prowler arrested for battery in Palo Alto A 36-year-old East Bay man was arrested for battery and resisting arrest after he allegedly grabbed a woman who confronted him in her back yard, Palo Alto police said. (Posted May 10, 4:52 p.m.)
Palo Alto hopeful about buying historic post office The future of Palo Alto’s downtown post office building could become clearer Monday night, when the City Council considers whether to purchase the historic and iconic Hamilton Avenue building from the cash-strapped U.S. Postal Service. (Posted May 10, 8:52 a.m.)
Weekly staff the district prior to filing the OCR complaint. In an April 28 email to Superintendent Kevin Skelly and the school board, obtained by the Weekly, the mother of the student made a final plea for a resolution. “(T)his process has dragged on all year, is now relatively time-critical, and I am beyond frustrated,” the email said. The mother said that in addition to not receiving appropriate education services, her child has been the subject of ongoing bullying. She outlined a series of specific steps she was seeking, including remedial services to help her child catch up between now and the start of school in the fall. “I am hoping that you and/or the board are as interested as I am in reaching an acceptable solution and moving forward constructively without further legal assistance/intervention. Perhaps you have other options we have not yet explored?” the email concluded. Skelly responded the next day: “I wanted to let you know that I spoke to Holly (Wade, director of special education for the school district) at length about this issue. My sense is that we can work through these issues. Everyone I speak with has very nice things to say about your (child).” The mother replied 15 minutes later: “That’s great. (Omitted) IS a wonderful kid. (Omitted) deserves to feel safe and to get the same education offered other kids of (omitted) his intelligence in this district. How are we going to make this right for (omitted)? I put forth my position very clearly. What is your proposal? Incidents continue daily. I am VERY tired of advocating and ready to turn it over to professionals.” According to the mother, there was no further response from Skelly and none from the board and no substantive proposed resolution from other district staff. The Office for Civil Rights is the arm of the federal Department of Education that protects the civil rights of children in public schools receiving federal funds. It responds to complaints of discrimination, including discrimination based on gender, race, disability, sexual preference and nationality. As long as complaints are filed in a timely manner and pertain to federal civil-rights laws enforced by the Office for Civil Rights, an investigation will be conducted to determine if any violations of law occurred. According to the OCR’s letter to the district, “opening allegations for investigation in no way implies that OCR has made a determination with regard to their merits.” Under Office for Civil Rights policies, if an investigation concludes the district was out of compliance (continued on page 11)