Investigation shows school district did respond to harassment complaints

Vashon school district employees correctly addressed complaints of harassment and discrimination from parents who are now filing a lawsuit against the district, according to the results of an independent investigation.

Vashon school district employees correctly addressed complaints of harassment and discrimination from parents who are now filing a lawsuit against the district, according to the results of an independent investigation.

All 800 pages of the investigation and its results were made public by Vashon Island School District (VISD) officials last week. Conducted by Tacoma-based attorney Shawn Flood, the investigation took roughly two months and involved Flood interviewing more than 40 people and analyzing nearly 50 records, including emails, letters and notes between administrators, parents and attorneys.

VISD Superintendent Michael Soltman ordered the investigation in March after he, Vashon High School (VHS) principal Danny Rock, VHS assistant principal Kelly Kirk and McMurray Middle School principal Greg Allison received multiple emails, Title IX complaints and, ultimately, grievance letters from an attorney about two different scenarios — one at McMurray and one at VHS — involving children being harassed by other students and, in the case of the VHS student, by Rock and Kirk. In grievance letters filed on March 15 and 16 by attorney Jeannette Cohen — who is representing the two students and their parents in a lawsuit filed in U.S. District Court in April — administrators were accused of inaction upon hearing the allegations.

But the investigation shows that Rock, Kirk and Allison “undertook to investigate the specific allegations” that were identified by the parents.

According to the report, in the case of the VHS student, the grievance letter states Rock and Kirk “failed to follow State law, Title IX and District Policy in failing to investigate and respond to the harassment” against the student. Flood writes in her report that her evidence shows the student only reported her harassment to a non-employee, making it impossible that Kirk and Rock were aware of the alleged harassment. She also explains that Kirk received an informal Title IX complaint from the student and, while he followed procedure, he and other staff were unaware that the district’s Title IX officer was to be contacted. Flood says the failure to do so was due to lack of training on the new policy.

Flood’s report for the McMurray student and situation has a similar conclusion: She explains in her report that Allison did investigate reports of sexual harassment toward the student by a group of boys and responded to the parent of the student that was being harassed. Further, Flood’s investigation reports that most of the harassing language being reported was not directed at the student, but was general and in table groups.

Attempts to contact Cohen were not returned.

Flood could not be reached for comment. Her voicemail indicated she is out of the country until June 13.

The Beachcomber will follow-up on this story when Flood returns.

VISD has posted the full report online. Names have been redacted. Click here to access it.