BY ANDY TAYLOR
Montgomery County Chronicle
CANEY — USD 436 will be the subject of an investigation by the U.S. Department of Education’s Office of Civil Rights following a complaint that was filed by a school patron.
The Office of Civil Rights notified Valeri Rogers of rural Caney last Friday, June 12, that it has received her complaint filed in April 2009. In her complaint, Rogers alleges that USD 436 discriminated against her daughter and other female students on the basis of sex by creating or permitting a hostile sexual environment at school. Rogers also alleges that USD 436 retaliated against her by banning her from school grounds after she complained to Caney Valley Jr.-Sr. High School officials about the sexually hostile environment.
The U.S. Department of Education’s Office of Civil Rights has jurisdiction in areas in which civil rights violations are alleged to have taken place, Rogers was told in her letter from the OCR’s supervisory attorney. However, the mere opening of allegations for investigation in no way implies that OCR has found a determination with regard to the allegations’ merits. OCR serves as a neutral fact finder, collecting and analyzing relevant evidence from all parties involved.
OCR also is responsible for enforcing Title IX, which prohibits discrimination on the basis of sex in any education program or activity operated with federal funds.
No timeframe was provided to Rogers as to when her complaint would be investigated by OCR officials.
The Montgomery County Chronicle has learned that the Rogers’ complaint targets Justin Lockwood, Caney Valley Jr.-Sr. High School principal. Lockwood was recently reassigned to the position of administrator of maintenance, transportation and groundskeeping for the 2009-10 school year.
Superintendent Danny Fulton said he had received a copy of the letter from the Office of Civil Rights about the matter and planned to comply with all requests for information from the OCR legal staff.
He said the initial allegations of sexual discrimination or harrassment were reviewed by his office pursuant to school board policy. Information regarding his investigation were provided to the school board for its consideration and action. The school district attorney, John Horst of Caney, and an attorney with the Kansas Association of School Boards were also informed of the investigation. Details about that investigation cannot be made public, Fulton said.
In regard to Rogers’ claim of retaliation by the school district, Fulton said an incident involving Rogers and Lockwood occurred in April — prior to when Rogers filed her complaint with the OCR — in which Rogers acted in a hostile manner toward Lockwood. Subsequently, Rogers was banned from entering school premises for the rest of the school year, which, he said, follows school board policy.
USD 436 Board of Education president Tim Rigdon said the school board followed its policy on the complaints and rendered a decision based on the advice of the school district’s legal counsel.
“The allegations that were made were closely investigated by our superintendent and followed board policy,” said Rigdon.
Rigdon, who is leaving the school board on June 30, also noted that such complaints handled by a federal agency typically take many months — even years — to research and investigate.
“I really don’t know what other information can be found out through this type of investigation other than what was previously investigated by the board and superintendent,” he said. “However, there are two sides to every story.”
