Elementary and Secondary School Proceedings: Requirement of Formal Complaint

Filed Under: K12
Question:

Are all of the written notifications and opportunities for parties to provide feedback during an investigation of a formal complaint, outlined in 34 C.F.R. § 106.45, required for both elementary and secondary schools, and postsecondary institutions? If not, what Title IX grievance process requirements differ for elementary and secondary schools?

Answer:

All of the provisions in 34 C.F.R. § 106.45 apply equally to all recipients except § 106.45(b)(6) (regarding hearings). Thus, all recipients (including elementary and secondary schools) must comply with, for instance: 34 C.F.R. §§ 106.45(b)(2) (written notice of allegations); 106.45(b)(3) (written notice of dismissals); 106.45(b)(5)(v) (written notice of investigatory interviews and meetings); 106.45(b)(5)(vi) (parties’ inspection and review of evidence); 106.45(b)(5)(vii) (parties’ review of the investigative report); 106.45(b)(7) (written determination regarding responsibility); and 106.45(b)(8) (appeals). The Department has also created a website to aid schools, students, and other stakeholders to better understand the new Title IX regulations. If you have questions for OCR, want additional information or technical assistance, or believe that a school is violating federal civil rights law, visit OCR’s website at www.ed.gov/ocr, or the Department’s Title IX page at www.ed.gov/titleix. You may contact OCR at (800) 421-3481 (TDD: 800-877-8339), ocr@ed.gov, OCR’s Outreach, Prevention, Education and Non-discrimination (OPEN) Center at OPEN@ed.gov, or e-mail the OPEN Center with additional questions about the Title IX regulations at T9questions@ed.gov. You may also fill out a complaint form online at https://www2.ed.gov/about/offices/list/ocr/complaintintro.html.

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