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Title IX OCR Investigation Sexual Harassment

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tinman2561

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? Arkansas

What is the name of your state?What is the name of your state? Arkansas
Anybody ever had any experience with the OCR investigation. You talk about close mouthed, this federal Agency will not tell me anything while they are investigating this.

This situation involves a school volunteer, but i have been informed by the United States Dept. of Education Office of Civils Rights that the sexual harassment is going to be handled just like he was a teacher as be was a bonafide agent of the school district under title ix. This investigation is presently ongoing He was a community volunteer that wormed his way into the school system shortly after he moved to our town in 1990. It is a very long story, but to make it short, because I know how list serves can be in reading, My 14 year old son came forward in 2003 that this guy who had been given a key to the school by the Athletic Director and a List of informal names of upcoming athletes to work with since about 1995 had been taking them to the school for weight training as part of a summer and school program. Part of his program included sexual harassment by forcing the boys to strip naked at the school under the guise of athletic training. This was done one on one with the children as well as in groups. In 2003, my son admitted to us that the perpetrator had forced him to strip naked at the school and then after the group weight training at the school, he took him to his house, had him take a bath gave him a massage with a vibrator and it all culminated when the perpetrator gave him a condom and forced him to masturbate on his bed while he watched.

The Perpetrator was the Athletic Directors best friend and this is the reason the whole thing happened, the guy just used the athletic director to get to young boys. All the 13-14 year old boys in town wanted to work out in his workout group because over the years since about 1995 the best high school athletes had done this.

When our son told us this, we immediately went to the County Attorney .
The police started an investigation at school and it was uncovered that the very same thing happened to 7 other boys, many others would not admit anything innappropriate but 7 did and it later turned out that he had been giving the boys baths, condoms and sex talks for many years that he was associated with the school. As a result of our son coming forward, he was retaliated against by other students because they were too embarassed to admit what had happened. In all the prosecutor identified over 40 victims over the years of this pedophile and only 4 were willing to testify in court.

During the police investigation, it was learned that he had done the very same thing in his previous place of residence before he moved to our town. He got in good with the school and actually masturbated several students with his hand in 1987. When I learned this, I felt that it was imperative to get him identified for what he was. He had many many supporters including several coaches as well as the athletic director. Many people were unwilling to believe that he was doing what he was doing and I made it a crusade to get him identified.

In short, because of this, my son had to switch schools because of retaliation and the school denied any responsibility. When I found out the school was going to support him, I called the school in his previous place of residence and found out that they knew about his sexual misconduct in 1987 as the exact same thing happened there by him worming into the school system. I immediately got the principal of the school to sign a statement stating that if anyone would have called to ask about his qualifications as an athletic volunteer that he would be unemployable because of what happened in 1987. The reason he got off in 1987 was that the parents did not want to pursue it. This was another reason we felt the need to pursue it to a successful resolution.

His criminal trial on indecent liberties was held about a year ago and even though the 1987 prior bad acts were included and 4 boys including my son testified against him, he was found not guilty of indecent liberties because under the statute he had to touch the boys with his bare hand which he did not, just forced masturbation and massages with a vibrator evidently were not a crime under this statute. This was also the very first prosecution for this prosecutor who was specially appointed and I think that this too may have been another reason he got off.. One of his supervisors in the school who had switched to another school district who was the head hs wrestling coach during the time in questions testified as a character witness and stated that to the prosecutor under cross examination that even if he would have known about the 1987 arrest for sexual misconduct he still would have allowed boys to go over to his house for naked baths and massages because in his words, "Everybody deserves a second chance". This guy was very good friends with the former wrestling coach, but since he was not in our school district, I guess somebody forgot to fill him in on his background or something? I think this was his way of saying that he actually did know about the arrest. Keep in mind that this statement was made at a criminal trial under oath.

this really divided our community many of the boys that supported him testified on his behalf although I think that many supporters had the wind taken out of their sails when 2 of the 1987 victims testified when they were 11 years old, he took them to a remote location in his vehicle and masturbated them with a glove on his hand.

After the OCR investigation, our next move will to be to get the loophole in the law changed. Although, I think there was some subterfuge on the jury because of how it divided the community. After the trial, it was like everybody tried to act like this whole situation never happened, but it did and I contacted the OCR and filed an 11 page complaint against the school district because they never responded and investigated once they found out about the harassment and abuse, They were scared and never investigated because of the authority they had given this guy and I personally think that they knew about his 1987 arrest, but for whatever reason decided not to intervene after he began working with kids after moving here. Hopefully, the OCR will give me more insight on this.

After the OCR investigation is concluded, my next thing will be to get an attorney to begin settlement negotiations. I know this whole thing sounds unbelievable, but it actually happened there are some attrocious acts of negligence on the schools part that I left out. I found these out through police transcribed interviews which were provided to the OCR. The AD's interview showed that the school district knew about the allegations the day after our son told us, but the school never investigated because "he was scared". He being the athletic Director.

Right now we are just waiting for the OCR to complete their investigation. I have provided them with criminal trial testimony as well as police interviews of the Athletic Director who stated that he never investigated because he was scared. They have told me that this is very involved because they are identifying all of the victims and interviewing school officials.

If anyone has had any experience with this type of thing, let me know as the OCR has had the complaint for over 8 months and they do not know when it will be completed. My understanding is that it is a title ix sexual harassment discrimination investigation. I also provided the ocr a stack of victim statements that were made to the police. I hired a lawyer to obtain the police reports.

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