| FAQ |
| FREQUENTLY ASKED QUESTIONS |
| 3. What does the Department of Education do in terms of sexual harassment complaints? Answer: The Department of Education Office for Civil Rights (OCR) is a governmental agency that handles complaints against schools receiving government funding that fail to take proper action to address sexual harassment and retaliation. The OCR does not handle complaints about the individual harasser. The OCR complaint procedure usually requires that you provide the details of your complaint within 180 days of the harassment. The OCR will not take the case if you are in the middle of the complaint process with your school or if a similar agency is already handling it. Once the school's process is completed, or other agency's resolution process is completed, you will have 60 days to refile your complaint with the OCR. The OCR will then determine if it wants to defer to the result reached in the school or agency's complaint process. The OCR will review your complaint to see if it meets their requirements. If the OCR decides to take the complaint, it will conduct an investigation by talking to people at the school and any witnesses they have. If sexual harassment is found, the OCR will decide if the school had adequate opportunity to address the harassment. It may allow the school to handle the matter or work with the school and the victim to try and get the matter resolved. The OCR strives to complete its complaint process within 180 days. You are not required to file a complaint with the OCR before filing a lawsuit. The OCR does not handle complaints regarding bullying unless the bullying was based on discrimination: the victim's sex, race, color, national origin, disability, or age. 4. I am being harassed at work. Can I complain to the Equal Employment Opportunity Commission? Answer: Yes, if you feel you have been sexually harassed on the job, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC handles workplace harassment and discrimination claims, but it does not handle harassment that occurs in schools. The EEOC has set up a special website specifically for youth in employment situations who may be experiencing sexual harassment or discrimination. Be sure to visit: http://youth.eeoc.gov 5. The school administrators have said they doubt my "ability to graduate" if I pursue a complaint about the sexual harassment. Is there anything I can do about their threats to keep me quiet? Answer: It is unlawful for the school to retaliate against you for filing a complaint. You should take the same steps you would take to complain about the harasser (See Question #1). If it is the administrator who does the hiring and firing who has done the retaliating, you should still take action to complain and to protect yourself. Consider contacting an attorney or the Department of Education Office for Civil Rights (OCR). Please check back for new Questions and Answers about Bullying and Harassment. |
| 1. What should I do if I am being sexually harassed or bullied at my school? Answer: Every situation is different, so it is important to consider all of your options and decide what is best for you in your particular circumstances. If you are under 18, the first thing you should do is talk to your parents about the situation. Even if you are not under 18, one of the first things you should do is tell someone who can help you determine the best action to take. Document what exactly has happened. In the event the harasser has physically harmed you in any way or has threatened to harm you, report it to the police immediately. In a sexual harassment situation, if you feel safe doing so, confront the person who is harassing you. Confronting someone like your teacher or professor can be difficult. You can be as blunt or as polite as you need to be as long as you get the point across that the conduct is unwelcome, and it needs to stop immediately. You do not have to confront the harasser if you do not feel safe doing so. What does your school handbook say about sexual harassment and bullying? Is there a process listed? If so, begin that process. Document whom you speak with and what they tell you. If you are complaining about sexual harassment, it is important that your complaint gets made to the person who does the hiring and firing for your school: the dean, the principal, the school board. Follow the process outlined in your handbook, but don't be surprised if attempts are made to keep you from making your complaint to the person required to hear it -- the person who does the hiring and firing. At every stage of the process you follow in the handbook, send a letter that outlines your complaint to the person designated in the handbook, and then send a copy of that same letter to the specific person who does the hiring and firing. Under the law regarding sexual harassment, the school administrator who handles the hiring, firing, and disciplinary actions for the school must have "actual notice" of the sexual harassment and be given a chance to take remedial action. If anyone at the school retaliates against you or threatens you for making your complaint, that is another instance that you should complain about to the hiring and firing administrator. Because every situation is different, what works for one person in her situation may not work for you. There also can be obstacles in your way that prevent you from getting help from your school. If the harassment or bullying is not addressed and it continues, get help. Especially if you have been physically harmed, report it to the police and principal. You can also call an attorney who handles Title IX Sexual Harassment and bullying, or for sexual harassment, contact the Department of Education Office for Civil Rights. 2. If I decide to try mediation, do I need to have an attorney represent me? Will the mediator give me legal advice if I need it? Answer: You do not have to have an attorney with you in order to participate in mediation of a sexual harassment or a bullying dispute. However, many people will choose to have an attorney represent them. If the other party in the mediation has an attorney, it would be a good idea for you to have one. The mediator may be an attorney, but he or she is not there to provide legal advice. Some mediators will give their opinion about the law and your case, and it is important to remember the mediator is not your lawyer. He or she is there to help the parties to reach a mutually acceptable resolution and must remain neutral. For more information about mediation, please visit our Mediation Page. Usually it is not advisable for a Student Mediator to mediate a dispute between a bully/harasser and a victim. |
| The information provided in this FAQ is for educational purposes only and is not legal advice. For questions about your particular situation, please contact an attorney, EEOC, or the Department of Education Office for Civil Rights. |