LAUSD investigated for allegedly reassigning, not removing, teachers accused of sex misconduct

The U.S. Department of Education is investigating the Los Angeles school district for allegedly reassigning — rather than removing — teachers who have been accused of sexual misconduct, including those who have had “romantic relationships” with students.

The department alleges that the district, under terms “cemented” in its contract with the teachers union, “appears to guarantee that teachers will be reassigned, not terminated or immediately removed from student facing roles, while officials investigate” accusations made against instructors.

The federal interpretation of alleged wrongdoing appears to be based on the meaning of the word “reassignment.” The federal agency seems to presume that reassignment means an accused teacher has a contractual right to teach at a different school. If that’s the case, the L.A. Unified policy would be illegal under federal law, the department contends.

The district, however, said it defines reassignment differently. Any “insinuating” that the school system assigns those under investigation to other schools “is not true,” the district said in a statement released after the federal announcement. “Confusion seems to center on the meaning of the term ‘reassignment.’ ‘Reassignment’ typically means an employee is directed to remain at home and away from students and schools during an investigation.”

Although education jargon can be confusing, the district’s use of the word reassignment is in line with other public school districts.

The LAUSD policy states that “a reassignment is defined as the provisional removal of an employee from their regularly assigned workplace for the safety of District students, staff, or the workplace (e.g., ‘temporary pull,’ ‘housing’ an employee, relocation of worksite for investigation into allegations, issuing a ‘stay-away’ notice, suspension pending dismissal).’” The prime consideration, under district policy, is “the risk to the safety of students, staff, or the workplace … pending the outcome of a preliminary inquiry or full investigation.”

The district statement said its procedures “ensure a fair, thorough, and impartial process for all parties. When allegations are reported, they are promptly reviewed, and appropriate interim measures are implemented to protect those involved.”

The statement added: “We also continuously review and strengthen our policies, training, and reporting systems to better prevent misconduct and support those who come forward. We encourage anyone with information or concerns to report them so they can be addressed appropriately.”

In a statement, the teachers union defined reassignment in the same way as the school district.

“The Trump administration’s announcement that it is investigating LAUSD regarding reassigning staff accused of misconduct appears to be based on a fundamental misunderstanding of what ‘reassignment’ entails under the policy,” the union statement said. “Teachers are not reassigned to another classroom or to any other setting where they would interact with students.”

Using its own interpretation of “reassignment,” the federal Education Department said the alleged practice applies when teachers are “credibly accused” of:

• Sexual harassment of a student.
• Behavior with a student that is motivated by sexual interest.
• Maintaining a sexual or romantic relationship with a student or other minor.
• Creating, selling, or using child pornography.
• Unnecessary physical contact with a student.
• Failure to report suspected child abuse.

More details about LAUSD policy

Reassignment happens when an employee must continue to be paid as an investigation proceeds. Certain offenses are so egregious that they can result in immediate dismissal proceedings — without paychecks continuing to go out for prolonged periods.

At the point when an investigation has gathered enough information, it is the “Region Administrator of Operations/Division Head” who determines whether the employee will be allowed to return to the original assignment, reassigned to other duties or directed to remain at home. The administration also can begin disciplinary and dismissal proceedings.

Cases that merit enhanced scrutiny are moved up the chain of command.

School employees are “mandated reporters” of sexual misconduct and could face internal discipline and even criminal charges for failing to report misconduct by others. District policy also directs L.A. Unified to report alleged sexual misconduct to police and to be guided by their instructions.

However, even if police decline to file charges, district officials remain obligated to conduct a further investigation to determine whether internal discipline is warranted and to protect the safety of alleged and potential victims.

There are examples from years past of accused employees being reassigned elsewhere within the district or finding jobs elsewhere on their own after credible sexual misconduct allegations. More recent cases have resulted from employees failing to follow district policy.

The Los Angeles Unified School District also has authorized $750 million in bonds to pay ongoing sexual misconduct settlements. Most of the these settlements result from recent state law allowing self-identified victims, many from long ago, to sue for damages. Other public agencies face comparable liabilities.

What the union agreement says

The federal investigation appears to be linked to an August 2024 agreement between United Teachers Los Angeles and L.A. Unified. That agreement resolved a union grievance addressing what the union regarded as administrative overreach and inattention to employees mired in lengthy investigations and disciplinary proceedings.

The grievance was filed in November 2023.

The resolution states that when an investigation begins — and when an employee is removed or “reassigned,” the UTLA member will be “notified within 5 days of the general nature of the allegations against them.” In addition, “reassignment will only occur if the nature of the allegations fits one of these descriptions.”

The descriptions listed are those cited in the announcement of the federal investigation, such as sexual harassment and romantic relationships.

The agreement addresses the notification rights of an accused employee who has been removed from that employee’s original position. It does not indicate that the employee has a right to be assigned to a similar position elsewhere.

More on the federal probe

The U.S. Department of Education characterizes the investigation as under Title IX, a federal civil rights law that prohibits sex-based discrimination.

The federal announcement states “the district appears to be protecting sexual predators at the expense of its students.” The investigation will be conducted by the Education Department’s Office for Civil Rights, which has sustained deep budget cuts in the Trump administration.

“Under Title IX, schools must respond appropriately and address claims of sexual misconduct, including sexual harassment and assault, in a timely manner, but the District seems to be putting the continued employment of sexual predators above the safety of students,” Assistant Secretary for Civil Rights Kimberly Richey said.

“It is unconscionable that the District would simply ignore Title IX’s procedural requirements to protect teachers who cause life-changing harm to their kids,” Richey said.

This is the third recent Trump administration investigation into LAUSD practices. The administration reopened a previously settled inquiry into the Black Student Achievement Plan, on the grounds that it gives illegal advantages to Black students at the expense of others. The school district contends that all students are equally eligible for the program’s benefits and that it is only the original name that has been maintained.

The Trump administration also has targeted L.A. Unified for providing slightly smaller class sizes in schools with a predominantly nonwhite population.

A painful history

The most notorious example of a disastrous reassignment may be that of Steven Thomas Rooney, which came to light in 2008. Los Angeles school officials transferred the assistant principal to a Watts middle school just months after he had been removed from a previous school where he was investigated for allegedly having sex with an underage student and pulling a gun on her stepfather. District officials returned him to work on the grounds that police declined to file charges at the time.

The district has revamped policies several times since, but even in 2008, officials stumbled in the Rooney case by not following guidelines that should have protected students.