Lawsuit claims Austin ISD mishandled 4 sexual assault reports

AUSTIN (KXAN) — A new lawsuit claims Austin ISD did not follow its own policies when it came to alleged sexual assaults at three campuses.

The lawsuit references an alleged assault at Lanier High School, two in Boone Elementary’s pre-K program, and another at Bernice Hart Elementary. Each of the cases was closed without any further disciplinary action.

The lawsuit claims none of the cases were referred to the district’s Title IX coordinator, as required by federal law, so families could be informed of their rights.

“As a matter of course and because of this threshold failure no family member ever received notice of the multitude of rights both they and their child had under Title IX Jurisprudence,” the lawsuit reads.

In a statement to KXAN Tuesday, AISD said:

“Austin ISD has not yet been served with the lawsuit but will address the issue at the appropriate time. AISD does not tolerate any form of sexual violence or assault. If a student believes that they have experienced prohibited behavior, they should immediately report the alleged act. All claims are taken seriously and the district will make every reasonable effort to protect our students.”

According to AISD policy, intervention with a student alleging sexual harassment will include notifying the student of their right to file a complaint directly with the district’s Title IX coordinator.

“For situations also involving sexual harassment, inform the targeted student of his or her right to file a complaint alleging sexual harassment directly with the Title IX coordinator, Office of General Counsel,” the policy reads.

KXAN has requested an interview with AISD’s Title IX coordinator, Ylise Janssen, to better understand the process. It’s unclear what involvement Janssen had in the investigation or intervention of these cases.

Sage Carson, manager of advocacy organization Know Your IX, said the role of a Title IX coordinator is crucial for victims. She said around 300 lawsuits have been filed in recent years alleging that schools mishandled such complaints.

“The Title IX coordinator is supposed to know what process folks go through, how to handle these processes fairly and unbiased and also to ensure that (schools) are in compliance with federal law,” Carson told KXAN.

Guidance from the U.S. Department of Education states that every school district must appoint a Title IX coordinator and that person’s responsibilities include “overseeing all complaints of sex discrimination,” which includes sexual harassment.

The Texas Education Agency would not comment on the ongoing litigation, but issued this statement:

“The Texas Education Agency works continuously with school systems to maintain a safe and welcoming educational environment for students and staff in classrooms across Texas. Civil Rights complaints filed with the TEA, including Title IX complaints, are referred to the United States Department of Education’s Office for Civil Rights.”

Texas Education Agency

Families of the alleged victims and their attorney will address the public during a virtual press conference Thursday at 2 p.m.