Know Your Rights: School-Based Sexual Harassment, Assault, and Abuse

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Sexual harassment continues to be far too common in schools and is severely underreported. According to recent data, in just one school year, school districts across the country reported 2,700 incidents of sexual assault, 350 incidents of rape or attempted rape, and 17,000 allegations of harassment on the basis of sex. This is unacceptable. California has laws in place to protect students and ensure their rights if they experience sexual harassment, assault, or abuse in connection with their school.

Learn more about your rights and resources in English, Spanish, Chinese (Simplified), Tagalog, Vietnamese, and Korean.

If anyone reports that a child is sexually harassed, assaulted, or abused in connection with a public school, the school district has a legal responsibility to:

  • Stop the sexual harassment, assault, or abuse;
  • Remove any hostile environment for the child and any other impacted student;
  • Address the harm that already happened; and
  • Prevent any more harm from happening.

If the complaint involves child neglect or abuse in any way, the school district must report it to law enforcement or child welfare. Sexual abuse is child abuse and includes someone sexually touching a child on their groin or inner thigh over their clothes.

If the school district knows about sexual harassment, assault, or abuse, the school district must contact the child's parent or guardian immediately, with limited exceptions. When they contact the parent or guardian, the school district must:

  • Explain the options for a formal complaint under federal law (also called Title IX) or state law (also called the Uniform Complaint Procedures or UCP).
  • Offer and provide support that does not punish any student and helps keep students safe during the investigation. Schools can support students through counseling; a no-contact contract between students; class schedule changes; and/or deadline extensions for exams or assignments, among other actions.
  • You or your child did not "use the right form."
  • You or your child did not report to the "right school person."
  • The school district reported to the police or child welfare, and the police or child welfare have not taken action.
  • Your child has an Individualized Education Program (IEP) or 504 plan.

If you or your child experience retaliation, please report it to the school district immediately. The school district must investigate and stop any retaliation.

A Formal Investigation

If you and your child want the school district to conduct a thorough, unbiased investigation and issue a written investigation report, file a formal complaint. The formal complaint is any written document that includes what happened and is signed. Under state law, this can be an email, with you or your child's typed name at the end.

Under state law, you and your child have a right to receive help from the school district to write and file the complaint.

During the formal investigation process, the student who filed the complaint, the person who filed on their behalf, or the individual who is alleged to have done something wrong have the right to:

  • A notice of allegations and a list of rights in the grievance process under federal law and
  • A thorough and fair investigation, which means, among other things, the investigator and decisionmaker:
    • do not favor any individual;
    • accept evidence equally from both sides;
    • interview the parties; and
    • follow up with identified witnesses.
  • If your child has an IEP or 504 plan, the district should generally consult with the IEP or 504 team to decide how to support you during the process. The district cannot refuse to act or provide supportive measures because your child has an IEP or 504 plan.

You and your child have the right to receive a written report at the end of the investigation, which must include:

  • Whether sexual harassment, assault, or abuse occurred; and
  • For each allegation in the complaint, what evidence supports the conclusion that the incident occurred or did not occur.

If the report states that sexual harassment, assault, or abuse occurred, the school district must stop and remedy any harm to the child.

  • The school district must also do its best to support all students who were harmed, in addition to your child.
  • If for any reason you or your child withdraw the formal, written complaint, the school district may still need to continue its investigation. This is because if other students were harmed, the school district must do its best to stop the harm and support other students so that all students have a safe and secure learning environment.

You and your child have a right to know how to appeal the district's decision if you do not agree with it.

An Informal Process

If you and your child do not want a formal investigation and do not want a written investigation report, file a formal complaint, but ask the school district for an informal process to resolve the issue.

But be advised this informal process cannot be used if the complaint involves an adult who works or volunteers at the school district. An informal process also may not be allowed if the complaint involves sexual assault, or if there is a possibility that someone is forced into the informal process. All students involved in the complaint must agree to the informal process. The school district cannot force a child to informally resolve the complaint.

You and your child have a right to return to a formal investigation at any time before the process ends.

Formal Investigation

  • Written, signed complaint (can be an email under state law)
  • Written investigation report
  • Thorough, unbiased investigation
  • Appeal rights
  • May take up to 60 days, unless you agree to give the school district more time (under state law)

Informal Process

  • No formal investigation
  • No written report
  • Must be voluntary for all parties
  • Right to move to a formal investigation if the informal process is not working
  • BUT! If an adult who works or volunteers for the school district is the person that you reported, then the school district cannot resolve the complaint informally and may need to continue to investigate. 

This web page serves only as a general public resource by providing a broad overview of the law. It does not constitute legal advice.