Required to Notify Parents

Filed Under: K12
Question:

Is a recipient required to notify a parent or guardian of reported sexual harassment that affects that parent or guardian’s student?

Answer:

To comply with 34 C.F.R. § 106.6(g) (i.e., in order to not derogate the legal rights of parents and guardians), a recipient may need to notify a parent or legal guardian so that the recipient adequately respects any underlying legal rights of a parent or guardian to make decisions “on behalf of” a complainant, respondent, or other individual involved in a Title IX matter. Additionally, the Title IX regulations impose a duty on the recipient not to respond in a manner that is deliberately indifferent. 34 C.F.R. § 106.44(a). Thus, if it would be “clearly unreasonable in light of the known circumstances” for the recipient not to notify a parent or legal guardian of reported sexual harassment 5 that affects that parent or guardian’s student, the school must notify the parent or guardian of the Title IX matter.

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