New York Education Department got one of worst completion rates for sexual harassment training course
The abysmal performance comes after the agency settled a sexual assault and harassment lawsuit by middle and high school students, including two who said they were raped.
NEW YORK — The Department of Education nearly flunked out of a mandated sexual harassment training course with one of the lowest completion rates for any city agency.
Details: The Education Department’s participation rate for the training that ended last August was 62 percent, according to the Department of Citywide Administrative Services’ annual report on agency compliance that was quietly released last month.
Context: The abysmal completion rate comes a year and a half after the Education Department settled a federal sexual assault and harassment lawsuit by four female middle and high school students of color with disabilities, including two who said they were raped. The settlement included a $700,000 payment to the students and promises to strengthen rules around reporting and investigation of sexual assaults.
All Education Department employees, including leadership, are required to complete the training. There are 142,000 regular employees in the department.
Nelson Mar, senior staff attorney at Legal Services NYC — the nonprofit group that brought the case — said it seems the Education Department staff have been under pressure especially since the Covid-19 pandemic and have a lot of other professional development they need to complete.
Still, those aren’t excuses for a low grade, he said.
“From our lawsuit, it’s clear that this has been an ongoing issue of failure of staff to properly address and respond to sexual harassment,” Mar said. “So it’s disappointing to see that the numbers are where they are at because one would think that after you’ve been sued, the city would make more of an effort to try to ensure that they’re not exposing themselves to further litigation on this issue.”
The course is not related to the settlement but it is mandated under Local Law 92, which requires the heads of city agencies to ensure every employee, intern and consultant receives the interactive anti-sexual harassment training annually.
In May 2018, then-Mayor Bill de Blasio signed 11 bills aimed at fighting workplace harassment, one of which stipulates that all city agencies and the offices of the mayor, borough presidents, comptroller and public advocate conduct anti-sexual harassment trainings for all employees.
A month prior, de Blasio faced backlash after he suggested sexual harassment complaints at the Education Department were part of a “hyper complaint dynamic.”
What’s next: An agency spokesperson said education officials are working to remind employees they must complete the training.
“Ensuring all New York City Public Schools and supporting offices remain safe, welcoming and affirming environments for students and staff alike is our top priority,” Jenna Lyle, a DOE spokesperson, said in a statement. She said the agency offers virtual trainings for school and field offices and is working with staff to host onsite trainings for non-desk based employees like food service workers.
Lyle also said the agency has requested that DCAS send out new training links to employees who have not finished the course within a 30-day deadline, accompanied by direct reminders from the Education Department.
Background: The average citywide completion rate in 2022 was 79 percent, up from 74 percent the previous year.
A spokesperson for DCAS said its outreach includes ongoing improvements of training courses. The agency offers computer-based training and in-person, classroom courses for employees who don’t have access to a computer.
What else: Other agencies with low rates include the Bronx County Public Administrator’s office at 14 percent, the Department of Small Business Services at 66 percent and the Department of Correction at 72 percent.
Frances Santana with the Bronx County Public Administrator said the office has just seven employees, while insisting they comply with the requirement. An SBS spokesperson blamed leadership vacancies in the wake of the pandemic and vowed to work toward full completion. The agency’s budgeted headcount is 339 employees. At the time, 162 participated in the course, and the agency had 92 vacancies, the spokesperson said.
A spokesperson for DOC — which has 8,250 active staff — said Robert Gonzalez, DOC’s new deputy commissioner of training and development, is focused on ensuring staff stay current on specialized trainings and professional development.
Maya Kaufman contributed to this report.