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Report: Sexual Assault Allegations Against Tay Anderson 'Unsubstantiated'

DENVER (CBS4) - A report on Denver Public Schools' investigation into allegations against Denver School Board Director Tay Anderson were revealed at around 4:30 p.m. on Sept. 15. The redacted report is 96 pages long.

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(credit: CBS)

Investigators say they did not find substantial evidence of Anderson "committed sexual assault against an unnamed woman, whose allegations were made public by BLM 5280 on March 26" or "committed sexual misconduct or other serious misconduct while a DPS employee at Manual High School and North High Schools," or "committed sexual assault, rape and/or sexual misconduct against 62 DPS students, as alleged by Reporter 1."

The findings state Anderson made unwelcome sexual comments and advances, and/or engaged in unwelcome sexual contact toward members and associates of the Never-Again Colorado Board of Directors.

Additionally, the report states allegations of Anderson committing sexual misconduct or other serious misconduct, including any coercion or intimidation toward witnesses during this investigation were substantiated.

Regarding that allegation, investigators say Anderson conducted flirtatious social media contact with a 16-year-old DPS student as a board member and made two social media posts during the investigation "that were coercive and intimidating toward witnesses."

Anderson has repeatedly denied any wrongdoing after allegations of sexual assault were leveled against him. He remained active on the board and then removed himself from his duties for a period of time. He returned in July.

The Denver Public Schools Board of Education says they moved forward with the investigation to allow for due process. The board released a statement that reads in part:

"The Board strongly believes the investigation treated Director Anderson fairly. The most grievous accusations were not substantiated and the Board is grateful for that. However, the report reveals ­behavior unbecoming of a board member. As elected officials, we must hold ourselves and each other to the highest standards in carrying out the best interests of the District. Director Anderson's behavior does not meet those standards. The Board will hold a Board meeting to consider a censure of Director Anderson on 1pm on Friday, September 17. Until then, individual Board members will not discuss their personal deliberations or the contents of this report."

Tay Anderson released the following statement:

Yesterday, I received a report issued by ILG, an independent investigation firm hired by the Denver School Board, that has now been provided to the media. This investigation and subsequent report stemmed from allegations made against me through a social media post on March 26, 2021 by the organization BLM5280 via various social media sites. These anonymous allegations eventually led to testimony provided by the same individual who reported to BLM5280, claiming to have knowledge of an additional 62+ victims provided to the Colorado legislature through open testimony on a proposed bill. It was determined that both allegations came from a single source whose lack of credibility is outlined in detail in the provided report. We are not surprised, but nevertheless encouraged that this investigation found the allegations to be unsubstantiated and without merit.

My legal team and I fully cooperated with the Investigative Law Group and Denver Public Schools over the last six months. During the investigation we maintained that the severity of these allegations warranted a more official investigative process, to include law enforcement, appropriate victim's assistance, as well as access to processes that serve due process and the presumption of innocence until proof of guilt.

I believe the most important message that can be conveyed at this time is that the finding of unsubstantiated claims against me is in no way a victory over survivors, but rather an opportunity to reconsider how we view and create not only restorative, but also transformative justice, for survivors, falsely accused, and correctly convicted.

Today my hope is that our community can begin the process of healing we've so desperately longed for. I plan to address the report in its entirety during a press conference in the coming days after I have had adequate time to review the document in more detail with my legal counsel.

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