It is probably the case that having a teacher who was found responsible for grooming a student and having a principal who was found responsible for creating a sexually hostile environment DURING THE INVESTIGATION that were not fully disclosed to the OCR did not help.
What else did not help? Oh, let's see: Passing the OCR Resolution condemning OCR for its investigation methods, which painted a target on the district and served no purpose other than to antagonize the agency and intensify the focus on the many failures to follow the law. Of course these failures were so legion that it probably was overdetermined. Phil Winston was placed in a special ed classroom after being removed from Paly for his sexually inappropriate comments and conduct. Kevin Sharp was left in the classroom for an entire year with no adequate Title IX investigation after the district had received more than one complaint about questionable conduct. The investigation itself was on its face a whitewash, thanks to FFF.
The combination of a feckless irresponsible board, dissembling and massively inept leadership, and terrible legal advice really created a perfect storm here and one can only hope that sound sound of hoofbeats we hear in the distance means that the cavalry is finally on the way.
According to Dr. McGee, OCR will give the district a draft resolution agreement and the district will have 30-90 days to agree. Then there will what McGee referred to as a "resolution letter" which is actually called a "letter of findings" (see below) where OCR makes its findings about the noncompliance it found here. There will be 2-3 years of monitoring to ensure that PAUSD complies with the resolution agreement. This is exactly what happened in the Terman case.
Read more about OCR's process when a district has been found in noncompliance here: Web Link See section 303: "When OCR determines that the preponderance of the evidence supports a conclusion that the recipient failed to comply with applicable regulation(s), in addition to the Statement of the Case, OCR will prepare a letter of finding(s), and a proposed resolution agreement."
What appears to have occurred is that by the time Ken Dauber was able to get McGee to call OCR to ask to resolve the matters, it was too late, and OCR concluded its investigation and found concerns about compliance. Had McGee called OCR and engaged in resolution discussions in December 2014 when Dauber first proposed it, it probably would have been possible to resolve this without a negative findings, but now it is not.
Now the only question is whether the board has had enough and will say "uncle" and agree to OCR's proposal or whether they want to face enforcement and possible obstruction action. [Portion removed.]