Help Us Reach our Fiscal Year-End Goal
Make your gift to the Law Center while your gift will be matched, up to $15,000 before the end of our fiscal year.
Make your gift to the Law Center while your gift will be matched, up to $15,000 before the end of our fiscal year.
The U.S. Department of Education’s Office for Civil Rights (“OCR”) enforces Title IX, among other civil rights laws, and has the authority to investigate sex discrimination complaints.
Who Can File a Complaint? Anyone who believes a school has discriminated against someone on the basis of sex. You do not have to be a victim of the discrimination. Parents, friends, teachers, or school administrators may file on behalf of a student.
Because all students—male, female, LGBT, students with disabilities and those of different races, national origins and ages—can suffer sexual harassment or assault, all are protected by Title IX.
Where Can I File a Complaint? Complaints can be submitted either online or by printing and mailing a completed form to your local OCR office. You can find the complaint form at https://ocrcas.ed.gov/.
When Can I File a Complaint? You must file a complaint within 180 days of the date of the discrimination. If the harassment is ongoing, you only need to file within 180 days of the most recent harassment, and the complaint can cover the earlier harassment. You can request a waiver of the 180-day limit but must explain why you did not file within the deadline (for example, victims of sexual violence might need more time due to the trauma they have suffered).
What Information Will I Need to Provide in My Complaint?
Tips for Filing a Complaint
NOTE: It is illegal under Title IX for anyone to retaliate against you for complaining about sex discrimination (there is a retaliation box on the complaint form). You are protected from retaliation if you have informal conversations with school officials about harassment or assault, even if you never file a formal complaint. |
What does the process look like?
STEP 1: Investigation. If OCR decides to investigate your complaint, it will notify you (and your school). OCR will then collect relevant information from you, your school, and possibly from others. An OCR staff member will likely interview you, administrators at your school, and any witnesses. OCR’s role will be to resolve your complaint as a neutral fact-finder. In addition, an Early Complaint Resolution process might be available if both you and your school agree to it. This process would occur prior to the completion of an investigation and is essentially a private settlement agreement which OCR does not approve or monitor.
STEP 2: Decision. If OCR finds that your school failed to comply with Title IX or if the school is interested in resolving the complaint before the investigation is completed, OCR will contact the school to negotiate a Voluntary Resolution Agreement. The agreement will describe specific actions that the school must take and will require the school to report its progress to OCR. You most likely will not be involved in the negotiation of the agreement but you can follow up with your school or OCR for updates, and you will be notified once a resolution is reached. In the unlikely event that OCR is unable to negotiate an agreement with your school, it has the power to start proceedings to stop the flow of federal funds to your school. OCR may also refer a case to the U.S. Department of Justice for legal action.
STEP 3: Appeal. Within 60 days, you can appeal an OCR decision finding insufficient evidence of a violation. This process provides you with an opportunity to bring to OCR’s attention any information that might change its decision.
What Are My Other Options?
For additional help or information, please contact the National Women’s Law Center at [email protected], or (202) 588-5180.