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Minnesota Department of Human Rights settles with school district over teacher sexual assault

WCCO digital update: Morning of June 20, 2023
WCCO digital update: Morning of June 20, 2023 01:25

ST. PAUL, Minn. -- The Minnesota Department of Human Rights announced they've reached a settlement with AFSA K-12 Public Charter School District in Vadnais Heights after finding a teacher sexually harassed and assaulted a ninth grader.

An MDHR investigation found that in 2019 the principal and multiple teachers were aware of the teacher's inappropriate interactions with the student and failed to intervene. 

According to MDHR, the principal failed to launch an investigation into the teacher's conduct, speak directly with the student to address plans for intervention, inform the student's parents of the incidents, and suspend or discipline the teacher. 

The reported failure among leadership at AFSA led to the MDHR to conclude their investigation in 2022, finding the district had violated Minnesota's civil rights law for failing to prevent and address sexual harassment and assault. 

Under the Minnesota Human Rights Act, schools have a legal responsibility to prevent and address sexual harassment and assault.  In 2020, the teacher was convicted of criminal sexual conduct in Dakota County. 

"I am deeply grateful for the courage and strength of this student to bring forward her story of the sexual violence she faced at the hands of her teacher," said Minnesota Department of Human Rights Commissioner Rebecca Lucero. "Yet again, we are reminded that we are surrounded by survivors of sexual assault. To truly honor the courage of this student, schools must do everything possible to prevent sexual harassment and assault from occurring. This is not only the right thing to do but it's also required under the law."

In a statement, the victim said, "We, as students, are told our whole lives that school staff are the people we're supposed to go to when we feel unsafe, but there was no safe place, and the result caused significant damage. I didn't know that I was in a vulnerable position, but they had all the information to know. I wouldn't wish what happened to me to happen to anyone else."

RELATED: Felony sex assault charges dropped against former Twin Cities teacher Matthew Bertsch in plea deal

Today, the MDHR announced that they've reached a settlement agreement with the district. 

The settlement declares: 

  • The district must pay the student $325,000.
  • The school board, executive director, teachers and volunteers must receive training on how to create a learning environment that is free from sexual harassment, assault, and discrimination.
  • Create a digital system for students, staff, and volunteers to report harassment and discrimination. 
  • Require teachers to report problematic behavior and launch investigations of any report of harassment, assault, and discrimination. Parents must also be informed of an investigation. 
  • Report any complaints of accused sexual harassment or any other form of discrimination to MDHR, including any action district took to investigate complaints. 

MDHR will monitor the school's compliance with the agreement through the 2028-2029 school year. 

"It is not the victim's responsibility to make the change, but if the change involves protecting yourself it is absolutely worth demanding something be done. Don't let anyone intimidate you into thinking the harm that was done was not real," said the student according to a release by the MDHR.   

If you believe you have been discriminated against, you can submit this online form or call the Discrimination Helpline at 1-833-454-0148.

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