Is there a law that requires grievance procedures to enforce sexual harassment prevention?

Question: Is it required under the law to have grievance procedures to enforce prevention of student sexual harassment?

Response: Grievance procedures are internal school procedures that address violations of a school’s policy against discrimination, including sexual harassment. Grievance procedures must provide for prompt and equitable resolution of complaints of sex discrimination. The school should make sure that its policy against sex discrimination and grievance procedures are widely distributed and easily understood by students, parents of elementary and secondary school students, and employees.

At a minimum, students must know that the grievance procedure exists, know how it works, and know how to file a complaint. When a student or parent reports sexual harassment, the school should explain how its grievance procedures work and offer the student or parent the opportunity to use them. If a student or parent chooses to not use the school’s grievance procedures, that does not relieve the school of its responsibilities to investigate and take appropriate action. Moving forward, please consult with a sexual harassment lawyer to determine the best course of action to take in your case.

Answered by Jason Tong

Additional Resources:
U.S. Department of Education-Student Sexual Harassment
Sexual Harassment Lawyer

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