Bullying & Discrimination

North Carolina law requires every charter school and public school district to have a formal, written policy and procedure for investigating and taking action to address reports of bullying or harassment. In this spreadsheet, we have compiled links to all local school district policies. To find your charter school policy, check your school’s handbooks or policy manual.  

Bullying and harassment definition 

Under the law, bullying and harassment are different from the typical disagreements or conflicts that occur between friends or classmates in the school setting. Bullying or harassment is often part of a pattern of repeated, targeted, aggressive actions that make a student feel afraid and/or isolate the student from the school environment. In some situations, a single incident of bullying or harassment can be severe enough to qualify under state law. Under North Carolina law, students receive legal protections when bullying occurs if the bullying happens at school, on the bus, or at a school-sponsored event and it:  

• Makes the student afraid for their safety or their safety of their belongings; and/or 
• Creates a hostile environment for the student that makes it difficult for them to learn or otherwise participate in the school environment.  

In both of those situations, a student’s fear and the hostile environment created must be “reasonable,” meaning that any student in that situation would also be fearful and/or would be struggling with a hostile environment.  

Bullying that is so severe that it meaningfully impacts a student’s ability to learn in school may violate their right under the North Carolina Constitution to access a “sound basic education.” 

Find more information on the law in NC related to bullying here. 

Required responses to reports of bullying and harassment 

• If a student or other member of the school community tells an adult in the school environment that bullying, harassment, or discrimination is taking place, the following steps must be taken.  
• School officials must be notified: School staff who are made aware of incidents of bullying or harassment are required to report the bullying to officials in the school or district. All members of the school community, including students, parents, volunteers, and visitors, can report incidences of discrimination, harassment, or bullying. School districts must accept anonymous reports.  
• Students who report bullying must be free from retaliation: Students who report bullying have the right to be free from retaliation, both from school staff and from other students. School staff cannot punish or harass students who report bullying. They must also take steps to make sure students who report bullying do not face harassment or intimidation by other students who are upset that the bullying was reported.  
• School officials must investigate: School officials who receive a report of bullying or harassment must follow the required steps under local school board policies to investigate reports of bullying. School officials are not responsible for addressing bullying that has not been reported or that they have not been told about in some way.  
• School officials must take action if bullying is identified: If an investigation shows the incidents that occurred meet the definition of bullying or harassment, school staff must take action to stop the bullying and protect and support the impacted student(s) moving forward. Actions could include consequences for the student engaging in bullying or other more therapeutic responses to address the root cause of the bullying, and prevent it from happening again. Students impacted by bullying do not have the right to know what actions are being taken with respect to the student(s) engaging in acts of bullying.  Actions should also include individualized support for the student who has faced bullying to ensure they feel safe and are able to learn at school.  

Additional protections in certain circumstances 

Additional protections are available under federal law for:  

• Students who are facing bullying based on their race, color, national origin, disability, or religion. 
• Students facing sexual harassment.  
• Students with disabilities who have 504 Plans or IEPs and are struggling to access the educational environment as a result of the bullying.  

Check out the sections below for more individualized information about the additional protections that students in those situations may be eligible to receive. 

State law requires that a school district have an established process to investigate and address reports of bullying. However, individual districts have a lot of flexibility regarding what the specifics of that process will look like. It is very important that you review your local school district policies to understand the process that your district requires. In this spreadsheet, we have compiled links to all local school district policies. To find your charter school policy, check your school’s handbooks or policy manual.  

This is an overview of the general process that many school districts follow: 

1. Bullying Report or Complaint: Schools are only responsible for investigating and addressing known incidences of bullying. It is therefore very important that parents, guardians, and students notify school officials about what is going on by submitting a bullying report or complaint. Review your local policy to find out the specifics of your local process, including whether parents are asked to file a “report” or a “complaint” in order to start the investigation process.  
   • Timing for reporting: Most policies require that incidences of bullying be reported as soon as possible, but no later than 30 days after the incident occurs.  
   • How to submit a report: Some school districts provide online forms to submit bullying reports, while others allow students and parents to submit bullying reports to any school staff. In general, it is best to submit your bullying report or complaint in writing (email is great) to the principal of the school. Here is a sample email you can use to report bullying.  

2. School meeting and Investigation: Schools must take action if they receive a report of bullying. Those actions typically include: (1) a meeting with school officials to describe in greater detail the incidence(s) of bullying; (2) an investigation of the bullying complaint by a school official; and (3) follow-up with the student and parent regarding the outcome of the investigation. Review your local policy to find out the specifics of your local process. 
   • Timing for investigation: Many policies require that the investigation process be completed within 15-30 days.  
   • Nature of the investigation: In most districts, the investigator is asked to interview (1) the student who has experienced bullying; (2) the student who is accused of bullying; and (3) individuals identified as witnesses by either student.  
   • Investigation results: After completing an investigation, school officials will determine and share with the student and parent who submitted the complaint: (1) whether there is evidence to support their bullying claims; and (2) what steps will be taken to prevent the bullying from happening again. ***NOTE: School officials cannot legally share information about other students, including what consequences are being given to the student who was engaging in bullying. They can and should, however, discuss what supports they will be putting into place to protect and support the student who experienced the bullying.  

• Appeal: In some districts, students who submit bullying complaints and aren’t satisfied with the school’s response to their complaint can automatically appeal to the Superintendent and/or to the Board of Education to ask them to review the situation. Typically, appeals must be submitted in writing around ten days after receiving notice of the results of the investigation.  

1. Better understand what happened. Speak to your student about what happened so that you fully understand their side of the story. If there is video footage of any of the bullying incidents, ask to view that video footage. You are allowed to view the video footage even if other students appear in it, though the school may ask you to come to the school to review the footage. Here is an email you can use to request this information. 

2. Discuss with your student what steps they believe will help them feel safe: Addressing bullying or harassment should not just be about punishing the student who has participated in bullying behaviors. Instead, make the focus of your advocacy for your student asking the school to take steps to (a) prevent the bullying moving forward; (b) repair any harm that has been caused to your student; and (c) put in place supports to help your student feel safe and supported moving forward. Some examples of supports you can request include, but aren’t limited to:  
   • Mediation: In some cases, it is appropriate for two (or more) students to be given the opportunity to address ongoing bullying through a conference that is mediated by someone who is trained in conflict resolution and in restorative justice practices.  
   • Class changes: In general, the student facing the bullying shouldn’t be the one required to move classes. You can request that the student engaging in bullying be moved. Or, if your student wants to change classes, you can ask that your student be moved.  
   • School changes: In some cases involving severe bullying, a student may benefit from the opportunity to attend a new school. This should only be proposed if it is what your student wants.  
   • Enhanced school-based supports: You can and should ask for any additional supports within the school environment that would make your student feel safe and supported. This could include meeting with a school counselor or other trusted adult on a regular basis; increased adult supervision in places and at times when the bullying typically happens; escorts to class; etc.  

3. Locate your school district bullying policy: Every school district must have a written policy that explains how to report bullying and what steps schools are required to take to investigate and address the bullying. Check out this spreadsheet to find your local policy. 
   

4. Submit a written bullying report or complaint: If you have not already done so, put your bullying concerns in writing and submit them to your school’s principal.  
   • The report should include: the specific incidents that occurred or concerns you have, the students involved, and what you want to happen. Check your school and/or district website to see if they have an online form you can use to report the bullying or harassment. Here is a sample email you can use to report bullying.  
   • You can also ask for a school meeting to discuss the issue and to come up with solutions that will keep your student safe. You can ask for specific people from the school or district to attend the meeting who might be well-positioned to suggest remedies for your student such as school social worker or psychologist, district level Student Services staff, etc. 
   • If possible, send these reports by email so that you have a record of your reports and the school’s responses to refer to later. You can ask for a written plan to address the bullying, and written notes from the school meeting to address the bullying.  
     

5. Build your team. Advocating for your student can feel isolating and be emotionally exhausting at times. You can build your team by inviting friends, family members, trusted individuals from your student’s school, and/or trusted community partners to join you in school-based meetings. In some situations, you may be able to access trained advocates who can support you free of charge. Check out our Parent Advocacy and Support Resource Guide to identify local advocates who may be able to help you. We recommend telling the school ahead of time if you will be bringing someone with you.  
   

6. Connect to existing teams and procedures for individual supports for your student. If your student already has, or may need, a formal school-based plan (IEP, 504 Plan, or Multi-Tiered Systems of Support (MTSS) Plan), call or email that team to share your concerns and ask for extra support for your student.  
   
   
7. Students with IEPs or 504 Plans: Request that your student’s IEP or 504 Team meet to discuss how the bullying has affected your student and to put in place extra supports within your student’s IEP or 504 Plan. Here is a sample email that you can use to request an IEP meeting. Here is a sample email you can use to request a meeting about your student’s 504 Plan. Before your meeting, review the section below entitled: “Is the bullying impacting the student’s ability to learn or access the services and accommodations in their IEP or 504 Plan?”  
   
   
8. Students with disabilities who don’t have but may need extra supports through an IEP or 504 Plan: If your student is struggling with disability-related symptoms in school, consider writing to the principal to ask for your student to be evaluated to determine whether they may be eligible for special education services.  
   • All students: Every district in NC is required to implement Multi-Tiered Systems of Support (learn more about MTSS in this video), which includes individualized supports for struggling students. If individualized supports are needed to support your student moving forward, consider requesting that those supports be outlined in an MTSS Tier Plan. 
   • Identify ways to improve the overall climate at your student’s school. One of the most long-lasting ways to prevent bullying and promote well-being for your student and all other students is to advocate for changes that will improve the school climate as a whole. Check out tips and resource below in the section entitled: “What are some other strategies to create a healthier/safer school environment for your student when bullying or discrimination happens?” 
      

8. Learn more. For more resources related to preventing and effectively addressing bullying, check out the following resources:  
   • National organizations that have resources for best practices, programs & training: (1) PACER; (2) Operation Respect; (3) National School Climate Center; (4) Stopbullying; (5) GLSEN (Gay, Lesbian, and Straight Education Network) 
   • A local organization that might be able to advise on best practices & programs and/or provide training: Peaceful Schools NC 
   • List of Bullying Prevention training modules for school staff pulled together by the CA Dept of Education 
     

9. Review the sections below to determine whether your student may have additional protections under federal law. Students in the following situations have additional protections under federal law when facing bullying or harassment: 
   • The bullying or harassment is on the basis of the student’s race, color, national origin, disability, or religion. 
   • The bullying or harassment amounts to sexual harassment; and/or 
   • The bullying or harassment is preventing a student with a disability from being able to make progress in school. 
     

10. Consider filing a grievance or other formal complaint. If you have reported the bullying using the process outlined in your local policy and the school hasn’t followed required procedures to investigate and address the bullying or harassment, you may want to consider filing a formal grievance to require them to follow the law and local policies. Grievances are a school-based tool to hold schools accountable for not following the law or other relevant policies. For more information about how to file a grievance and some sample grievance templates you can use to draft and file your grievance, check out the question below titled “What action can you take if you have reported bullying or harassment, but the school has not investigated and/or taken steps to stop the bullying or repair the harm your student has faced?” and the Grievance and Complaints page of our website.  
    

11. Get help. Call the LANC helpline if even after you have reported the bullying and have taken steps to require the school or district to follow their policies, the school has failed to conduct an investigation and/or to stop the bullying and address the harm caused. 

Under Federal civil rights laws, schools have a duty to provide a “nondiscriminatory educational environment” and must take steps to address discriminatory harassment when they become aware it is happening. A school or district may be in violation of federal civil rights protections if all of the following are true: 

1. A student is being bullied or harassed based on the basis of their race, color, national origin, disability, or religion; 

2. The bullying or harassment is so severe that it has created a “hostile environment” for the student;  

3. The school knows or reasonably should know about the discriminatory harassment; and 

4. The school has “encouraged, tolerated, not adequately addressed, or ignored” the discriminatory harassment. 

Whether harassment has created a “hostile environment” is reviewed on a case-by-case basis. In general, “a hostile environment” has been created if the harassing conduct is severe or persistent enough to meaningfully impact a student’s ability to participate in or benefit from their classes or other activities within the school environment.  

If you believe your child has been discriminated against on the basis of race, color, national origin, disability, or religion, you have tools you can use to engage in school-based advocacy and also tools through the federal government’s Office of Civil Rights (OCR). Read both sections below to understand these options. NOTE: OCR typically will not fully investigate complaints that have already gone through a school-based complaint or grievance process. So, if you have serious concerns about being able to get a fair decision from your school or district and want the option for OCR to investigate your claims, you may want to consider filing a complaint with OCR instead of a school-based complaint grievance. You can still engage in informal advocacy options with your school, like asking for a meeting to resolve your concerns. 

1. Better understand what happened. Speak to your student about what happened so that you fully understand their side of the story. If there is video footage of any of the bullying or harassment incidents, ask to view that video footage. You are allowed to view the video footage even if other students appear in it, though the school may ask you to come to the school to review the footage. Here is an example email you can use to request this information.  

2. Discuss with your student what steps they believe will help them feel safe: Addressing bullying and harassment should not just be about punishing the student who is engaging in actions of bullying. Instead, focus your advocacy for your student on asking the school to take steps to (a) prevent the bullying moving forward; (b) repair any harm that has been caused to your student; and (c) put in place supports to help your student feel safe and supported moving forward. Some examples of interventions or supports you can request include, but aren’t limited to:  
   • Mediation: In some cases, mediation or other restorative practice may be an appropriate way to address conflicts between students. However, it is not appropriate to force a student who has been subjected to discriminatory harassment to participate in a mediated session if doing so would be harmful or feel triggering to them. 
   • Class changes: In general, the student facing the bullying or harassment shouldn’t be the one required to move classes. You can request that the student engaging in bullying be moved. Or, if your student wants to change classes, you can ask that your student be moved.  
   • School changes: In some cases involving severe bullying or harassment, a student may benefit from the opportunity to attend a new school. This should only be proposed if it is what your student wants.  
   • Enhanced school-based supports: You can and should ask for any additional supports within the school environment that would make your student feel safe and supported. This could include meeting with a school counselor or other trusted adult on a regular basis; increased adult supervision in places and at times when the bullying typically happens; escorts to class; etc.  
     • For more ideas, consult theses resources as you develop a plan to ask for interventions and remedies to keep your student safe at school: 
       • For ideas on how to ask the school to respond to incidents of harassment, read through Responding to Hate and Bias at School, created by the Southern Poverty Law Center 
       • If the discrimination has to do with race, consider consulting with the Center for Racial Equity in Education (CREED), who conducts ‘Equity Audits’ and professional development  

3. Locate your school district’s discrimination policy: Every school district must have a written policy that explains how to report discrimination and what steps schools will take to investigate and address the discrimination/harassment. Check out this spreadsheet to find your local policy. 

4. Submit a written report or complaint: Schools are only responsible for addressing bullying or harassment that they know, or should know, is occurring. If you have not already done so, put your bullying or harassment concerns in writing and submit them to your school’s principal to make sure that know about the bullying. This is called a “bullying report” or Complaint.  
   • You should report your concerns as soon as possible or when an incident happens, and the report should include: the specific incidents that occurred or concerns you have, the students involved, and what you are hoping to happen. Check your school and/or district website to see if they have an online form you can use to report the bullying or harassment. Here is a sample email you can use to report bullying or harassment.  
   • At this point, you can also ask for a school meeting to discuss the issue and to come up with solutions that will keep your student safe. You can ask for specific people from the school or district to attend the meeting who might be well-positioned to suggest remedies for your student, such as school social worker or psychologist, district level Student Services staff, etc. 
   • If possible, send these reports by email so that you have a record of your reports and the school’s responses to refer to later. You can ask for a written plan to address the bullying, and written notes from the school meeting to address the bullying.  

5. Build your team. If you are interested in connecting with community supports to navigate issues of discrimination, you can consider connecting with the following opportunities: 
   • Your local NAACP office. The mission of the National Association for the Advancement of Colored People (NAACP) is to ensure the political, educational, social and economic equality of rights of all persons and to eliminate racial hatred and discrimination. You can contact the nation-wide office or your local office to see how they may be able to support your situation creatively. To connect with the North Carolina NAACP office, please email info@naacpnc.org. 
   • An organization in your area that works to advance racial equity in schools: Map & Search Tool of Orgs involved in Movement towards Racial equity in schools 
   • Connect with the Freedom Hill Coalition working towards racial equity in NC schools 
   • Other trained advocates who can support you free of charge: Check out our Parent Advocacy and Support Resource Guide to identify local advocates who may be able to help you.  

6. Connect to existing teams and procedures for individual supports for your student. If your student already has, or may need, a formal school-based plan (IEP, 504 Plan, or MTSS Tier Plan), contact that team to share your concerns and ask for extra support for your student.  
   • Students with IEPs or 504 Plans: Request that your student’s IEP or 504 Team meet to discuss how the bullying has affected your student and to put in place extra supports within your student’s IEP or 504 Plan. Here is a sample email that you can use to request an IEP meeting. Here is a sample email you can use to request a meeting about your student’s 504 Plan. Before your meeting, review the section below entitled: “Is the bullying impacting the student’s ability to learn or access the services and accommodations in their IEP or 504 Plan?” 
   • Students with disabilities who don’t have but may need extra supports through an IEP or 504 Plan: If your student is struggling with disability-related symptoms in school, consider writing to the principal to ask for your student to be evaluated to determine whether they may be eligible for special education services.  
   • All students: Every district in NC is required to implement Multi-Tiered Systems of Support (learn more about MTSS in this video), which includes individualized supports for struggling students. If individualized supports are needed to support your student moving forward, consider requesting that those supports be outlined in an MTSS Tier Plan. 

7. Identify ways to improve the overall climate at your student’s school. One of the most sustainable ways to prevent bullying and promote well-being for your student and all other students is to advocate for changes that will improve the school climate as a whole. Check out tips and resource below in the section entitled: “What are some other strategies to create a healthier/safer school environment for your student when bullying or discrimination happens?” 

8. Learn more. Review materials available at the Office of Civil Rights’ website related to Harassment and Bullying.   

9. Review the sections below for more individualized information and tips if any of the following situations apply:  
   • the bullying or harassment involves sexual or gender-based harassment;  
   • the bullying or harassment is preventing your student with a disability from being able to make progress in school; and/or 
   • the school does not take action to investigate or properly address the bullying or harassment after you have reported it.  

10. Get help. Call the LANC helpline if even after you have reported the bullying and have taken steps to require the school or district to follow their policies, the school has failed to conduct an investigation and/or to stop the bullying and address the harm caused.  

OCR will investigate complaints when a student has faced discrimination based on race, color, national origin, sex, disability, or religion. More information about that complaint process can be found here: How to File a Discrimination Complaint with the Office for Civil Rights (ed.gov). OCR also gives a helpful overview of the types of complaints it will review and how people can file those complaints in this short video: How to File an OCR Complaint. The easiest way to file an OCR complaint is by utilizing the online complaint form. You do not need an attorney to file an OCR complaint. Keep in mind the following information if you decide to file an OCR complaint:  

• NOTE: OCR typically will not fully investigate complaints that have already gone through a school-based complaint or grievance process. So, if you have serious concerns about being able to get a fair decision from your school or district and want the option for OCR to investigate your claims, you may want to consider filing a complaint with OCR instead of a school-based complaint or grievance. 
• OCR will usually only review claims of violations that occurred within 180 days of the date you submit your complaint. If your claims are safely within the 180 days, it is suggested that you file as soon as possible due to the volume of complaints OCR receives and the time investigators may take to review your claims.  
• The key to writing an effective OCR Complaint is to state the specific law you claim the school violated and include a description of what happened at school that violated that particular law. You can find a list of the laws that are relevant to education OCR complaints here. Each law also includes regulations, which can be the basis of an OCR complaint. You can find more information about each law and its regulations below: 
  • Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color or national origin; 
  • Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex; 
  • Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability; 
  • Age Discrimination Act of 1975, which prohibits discrimination on the basis of age; 
  • Title II of the Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disability; 
  • Boy Scouts of America Equal Access Act, which prohibits denial of access to or other discrimination against the Boy Scouts or other Title 36 U.S.C. youth groups in public elementary schools, public secondary schools, local education agencies, and state education agencies that have a designated open forum or limited public forum. 
• OCR requires that a complaint include all of the following information: the date when the school violated the law; the names of school employees whose actions or decisions violated the law; the harm your student suffered as a result of that legal violation. You may also request remedies to repair the harm your student has suffered as a result of the legal violation.  
• Once the complaint is received, an investigator will contact you to discuss your complaint and will let you know whether your complaint falls within their jurisdiction. If OCR opens an investigation into your claims, they would then contact the school to request documentation and would proceed independently with an investigation.  
• In reviewing the complaint OCR will ask the following questions, and so you should be sure to raise facts related to these questions in your complaint should you decide to file one:  

1. Was the student is subjected to bullying on the basis of race, color, national origin, sex or disability?  

2. Was the bullying sufficiently serious to create a hostile environment?  

3. Did school know or should it have known about the bullying?  

4. Did the school fail to take prompt and effective steps reasonably calculated to eliminate the bullying and hostile environment, prevent the bullying from recurring, and, as appropriate, remedy its effects?  

For youth with IEPs or 504 Plans: Consider also requesting an IEP or 504 Team meeting to implement extra supports to address bullying harms (see below question, “Is the bullying impacting the student’s ability to learn or access the services and accommodations in their IEP or 504 Plan?”) 

Call the LANC helpline if you need support in filing a complaint to address bullying based on a protected class and/or if IEP or 504 Teams fail to address reported patterns of bullying. 

Title IX of the Education Amendments of 1972 ensures that all students have the right to access to an education free from discrimination on the basis of sex, including a hostile environment created by sex-based harassment and sexual violence. Specifically, Title IX requires that schools create an accessible process through which students can report incidents of sexual violence and have their complaints be fully investigated and resolved.  

Examples of acts of sex/gender-based discrimination that falls under Title IX include:  

• unwanted sexual behavior, advances, or requests for favors;  
• unwelcomed verbal, visual, or physical sexual conduct;  
• offensive, severe, and/or frequent remarks about a person’s sex;  
• harassment of a sexual nature which interferes with an individual’s right to an education and participation in a program or activity. 

Schools must have a Title IX Coordinator who conducts impartial and neutral investigations into complaints made about sexual harassment. Whenever a school is alerted to (or reasonably should have known about) sexual harassment complaints or any form of sex or gender-based discrimination that occurred while a student was attending school or a school program, the school’s designated Title IX Coordinator must investigate the complaint in a “prompt and effective” manner. The school must investigate the incident regardless of whether a law enforcement investigation is underway; the school’s obligation is not dependent on law enforcement involvement.  

Schools are required to describe the range of possible disciplinary sanctions and remedies or list the possible disciplinary sanctions and remedies that may be used if a violation if found. Appropriate remedies may include disciplinary action against the accused student, but also include remedies to help get the victim student’s education back on track (like academic support, retaking a class without penalty, and counseling). Schools may also have to provide remedies for the overall student population (such as training) or change their services or policies to prevent such incidents from reoccurring. 

Every public school district and charter school in the state must have policies that explain the local process and requirements for addressing incidents of sexual harassment in school. Below is an overview of the common steps and requirements outlined in those policies. However, it is very important that you review and understand your local policies. Check out this spreadsheet to find your local policy. 

Reporting an incident of sexual harassment 

Students can report incidents of sexual harassment to their school principal, Title IX Coordinator, or any trusted adult (e.g. teacher, counselor , etc.). School employees who become aware of incidents of sexual harassment must notify the Title IX Coordinator.  

Reports should provide as much detail as possible about the sexual harassment. Reports by students may be made anonymously. School officials cannot make anonymous reports. Anonymous reports may limit the steps a school can take to fully investigate a concern and/or protect a victim.  

Response from Title IX Coordinator 

When a Title IX Coordinator receives a report of sexual harassment, they must contact the victim to share information about protections available under Title IX and their options regarding next steps. Specifically, the Title IX Coordinator must:  

• Offer the student “supportive measures” that will protect them and prevent future harassment;  
• Consider the student’s wishes with respect to which supportive measures they want;  
• Explain that supportive measures are available with or without the filing of a formal complaint; and;  
• Explain the process for filing a formal complaint and the steps a school system is required to take after a complaint is filed. 

“Supportive measures” are protective supports that can include, but aren’t limited to:  

• Counseling; 
• Extensions of deadlines or other course-related adjustments; 
• Modifications of work or class schedules; 
• Campus escort services; 
• Mutual restrictions on contact between the parties; 
• Leaves of absence; and 
• Increased security and monitoring of certain areas of campus. 

“Supportive measures” do not include punishment for the accused student.  

Complaint 

After meeting with the Title IX Coordinator, a student can choose to file a formal complaint to begin the official Title IX investigation process. Schools cannot pressure a student to not file a formal complaint.  

Complaints can be filed with your school’s Title IX Coordinator in person, by mail, by telephone, or by e-mail, using the contact information listed for the Title IX Coordinator.  

If a student decides not to file a formal complaint, the Title IX Coordinator may still be required to file a formal complaint on their own if (1) the harasser is a school employee and the student a victim; and/or (2) the Title IX Coordinator determines that an investigation is required to make sure that the school is not being “deliberately indifferent” to known incidents of sexual harassment.  

1. Better understand what happened. Speak to your student about what happened so that you fully understand their side of the story. If there is video footage of any of the harassment incidents, ask to view that video footage. You are allowed to view the video footage even if other students appear in it, though the school may ask you to come to the school to review the footage. Click to see an example email you can use to request this information.  

2. Discuss with your student what supportive measures they believe will help them feel safe: Addressing sexual harassment should not just be about seeking to punish the student who is causing the harm. Instead, focus your advocacy for your student on asking the school to take steps to prevent the bullying moving forward; repair any harm that has been caused to your student; and put in place supports to help your student feel safe and supported moving forward. Some examples include, but aren’t limited to:  
   • Class changes: In general, the student facing harassment shouldn’t be the one required to move classes. You can request that the student engaging in harassment be moved. Or, if your student wants to change classes, you can ask that your student be moved.  
   • School changes: In some cases involving severe harassment, a student may benefit from the opportunity to attend a new school. This should only be proposed if it is what your student wants.  
   • Enhanced school-based supports: You can and should ask for any additional supports within the school environment that would make your student feel safe and supported. This could include opportunities to meet with a school counselor or other trusted adult on a regular basis; increased adult supervision in places and at times when the harassment typically happens; etc.  
   • If the discrimination has to do with sexual orientation, gender identity, and/or gender expression, you can contact Safe Schools NC to discuss ideas for remedies to keep your student safe at school 

3. Locate your school district’s sexual harassment policy: Every school district must have a written policy that explains how to report sexual harassment and what steps schools will take to investigate and address the harassment. Check out this spreadsheet to find your local policy. 

4. Report the incident to your school’s Title IX Coordinator. If you believe your student has experienced sex or gender-based discrimination while at school or while at a school program or activity, you can submit a report in person, by mail, by telephone, or by e-mail, using the contact information listed for the Title IX Coordinator. If you do not know who the Title IX Coordinator is, ask the principal at the school. A report can be made at any time, including during non-business hours.  
   • For more information, check out this OCR Short Webinar on How to Report Sexual Harassment under Title IX. 

5. Build your team. You may feel alone and exhausted while advocating for your student, so it is important to build a team. You can invite friends, family members, trusted individuals from your student’s school, and/or trusted community partners to join you in school-based meetings. We recommend telling the school ahead of time if you will be bringing someone with you.  
   • In some situations, you may be able to access trained advocates who can support you free of charge. Check out our Parent Advocacy and Support Resource Guide to identify local advocates who may be able to help you.  
   • You can contact Safe Schools NC to discuss ideas for remedies to keep your student safe at school (they focus on sexual orientation, gender identity, and/or gender expression).  
   • If you or your student have experienced sexual violence and you are seeking community support, please consider reaching out to your local Children’s Advocacy Center (CAC) or Rape Crisis Center (RCC). 
     
6. Connect to existing teams and procedures for individual supports for your student. If your student already has, or may need, a formal school-based plan (IEP, 504 Plan, or MTSS Tier Plan), contact  that team to share your concerns and ask for extra support for your student.  
   • Students with IEPs or 504 Plans: Request that your student’s IEP or 504 Team meet to discuss how the bullying has affected your student and to put in place extra supports within your student’s IEP or 504 Plan. Here is a sample email that you can use to request an IEP meeting. Here is a sample email you can use to request a meeting about your student’s 504 Plan. Before your meeting, review the section below entitled: “Is the bullying impacting the student’s ability to learn or access the services and accommodations in their IEP or 504 Plan?”  
   • Students with disabilities who don’t have but may need extra supports through an IEP or 504 Plan: If your student is struggling with disability-related symptoms in school, consider writing to the principal to ask for your student to be evaluated to determine whether they may be eligible for special education services.  
   • All students: Every district in NC is required to implement Multi-Tiered Systems of Support (learn more about MTSS in this video), which includes individualized supports for struggling students. If individualized supports are needed to support your student moving forward, consider requesting that those supports be outlined in an MTSS Tier Plan. 
     
7. Identify ways to improve the overall climate at your student’s school. One of the most long-lasting ways to prevent bullying and promote well-being for your student and all other students is to advocate for changes that will improve the school climate as a whole. Check out tips and resource below in the section entitled: “What are some other strategies to create a healthier/safer school environment for your student when bullying or discrimination happens?” 
   
8. Learn more. For frequently asked questions regarding Title IX and the protections it provides students in school, review this Title IX Q&A guide from the Department of Education’s Office of Civil Rights. For additional Title IX resources from OCR, check out this collection of Title IX fact sheets and videos. 
   
9. Get help. Call the LANC helpline if you have reported the sexual harassment to your Title IX Coordinator and either/both of the following are true:  
   • The school and/or district has refused to provide necessary supportive measures to keep your student safe; and/or 
   • You have filed a formal Title IX Complaint and the school and/or district has failed to follow the required steps in the Title IX Complaint process.  

Students with a disability who are eligible to receive services through an Individualized Education Program (IEP) or a 504 Plan, are entitled to extra protections when dealing with bullying. Specifically, if the bullying is causing academic or emotional harm that impacts a student with a disability’s ability to access or make progress in the school environment, their IEP or 504 Team must take action:  

1. The student’s IEP or 504 Team must meet to determine whether, as a result of the bullying, the student’s needs have changed and additional supports are needed to support the students’ disability-related needs.  

2. If changes are required, the Team must identify what additional services or supports are needed to address any of the academic or emotional impacts of the bullying, and must revise the student’s IEP or 504 Plan accordingly.  

3. Any changes to the IEP should not remove the student from their original placement or setting, unless it would not be in the student’s best interests to remain in that setting and their needs cannot reasonably be met with accommodations and additional services.  

1. Follow steps 1-4 outlined above in “Is your student facing bullying or harassment at school?’ 

2. Request an IEP or 504 Team meeting. If you believe that changes to your student’s IEP or 504 Plan are needed, write to your student’s case manager and/or principal to request that your student’s Team meet to review their Plan, your concerns, and discuss ways to update their services. Here is a sample email that you can use to request an IEP meeting. Here is a sample email you can use to request a meeting about your student’s 504 Plan. 

3. Advocate for your student through the IEP or 504 Team meeting process. For in-depth information and resources related to advocating for your student in IEP or 504 Teams meetings, visit the special education page of our website. On that page, we provide a number of steps that we recommend that parents take as they prepare for IEP or 504 Team meetings and advocate within the school and district to ensure their student gets the support they need. In particular, check out the “steps you can take” under the section entitled “Do you believe that your student’s IEP is not providing them with enough support?; and “Does your student have a 504 Plan, but you believe they are not getting enough support?”  

Many issues related to bullying or harassment can be resolved informally by reporting the bullying or harassment, talking directly with your student’s teacher, principal, and/or another official, and following the steps outlined above. However, if you have taken the steps outlined above and the school still fails or refuses to fully investigate and/or take reasonable steps to prevent the bullying from recurring or to repair the hostile environment if one has been created, you may want to take more formal action.  

If you have already tried informal strategies, or if you have filed a school-based complaint, and your concerns have not been resolved, options for more formal advocacy include:  

1. Filing a school-based grievance if bullying or harassment not on the basis of a protected class (race, color, national origin, disability, or religion) has been reported but has not been properly investigated or addressed.  

2. Appealing your school-based discrimination complaint if a student has been bullied or harassed on the basis of a protected class and the school district has not properly investigated or addressed the issue after it was made known to them.  

3. Filing or appealing a school-based Title IX complaint if a student has been subjected to school-based harassment on the basis of sex and the school district hasn’t taken the proper steps to investigate and address the harassment after it has been reported to them.  

4. Filing a complaint with the Office of Civil Rights if the bullying/harassment is on the basis of race, color, sex, national origin, disability, or religion.  

Which formal complaint option to choose depends on the individualized facts of the case. Consider the following factors when weighing which option is best for you and your student.  

• Basis of the bullying or harassment: If choosing a school-based process, use the process most tailored to your issue. For example, complaints related to sexual harassment should be filed through the Title IX Grievance Process rather than the standard School-Based Grievance Process, and Discrimination complaints should follow the process outlined in the district’s discrimination policy.  
• Timing of the incident:  
  • School-based grievances typically must be filed within 30 days of the last incident of unaddressed bullying or harassment. Depending on your local district, “days” could mean calendar days or school days.  
  • Complaints to the Office of Civil Rights must be filed within 180 days of the last incident of discrimination or harassment.  

• Timing of needed remedies: In general, students can have their claims heard and, if violations are identified, remedies provided much faster through school-based processes.  
  • School-based complaint and grievances processes vary across districts and schools, but typically require that students and parents receive final decisions on their complaints within a few weeks along with multiple opportunities for appeals.  
  • In recent years, OCR investigations have been taking an increasingly long time to be completed. Anecdotally, cases have been taking between six months to well over a year or longer to be investigated.  

• Responsiveness and willingness of your district to take meaningful steps to address your concerns in an unbiased way:  
  • If your student’s school has been responsive to addressing the bullying or harassment or if you believe that your student’s school/school district will cooperate with you in addressing the bullying or harassment, you may want to proceed with filing a grievance through school and district-based processes.  
  • If your student’s school has not been responsive, fails to take prompt and effective steps to eliminate the bullying and hostile environment, and you believe will not be unbiased in their decision-making process, then you may want to consider filing a complaint with the OCR.  
    • ***NOTE: OCR typically will not fully investigate complaints that have already gone through a school-based grievance process. So, if you have serious concerns about being able to get a fair decision from your school or district and want the option for OCR to investigate your claims, you may want to consider filing a complaint with OCR instead of a school-based grievance.  
    • If you filed a grievance through your school and you want to pursue the complaint process with OCR, you can still file a complaint with OCR within 60 days from when the school’s grievance processes are finished. However, in those situations, OCR typically will only look at whether the grievance process was structured to produce a fair outcome. It will not reconsider the evidence submitted or make its own decision unless there is evidence that the grievance process itself was seriously flawed.  

If you have decided that a school-based grievance or appeal is the most helpful tool for you to use to quickly and effectively enforce your student’s right to be safe from bullying and harassment at school, review the materials below and visit the Grievances and Complaints page of our website.  

Here is a sample email you can use as a starting point for drafting a bullying grievance. Some important information related to grievances: 

• Deadline for filing grievances: The deadline for filing school-based grievances regarding a school’s failure to properly investigate and address reports of bullying or harassment can come quickly – typically within either 30 calendar days or 30 school days (depending on local policy) of the last incident of bullying or harassment and/or the date on which the school was officially in non-compliance with their bullying policy. So, while you should ideally take steps to collaboratively resolve the issue after reporting it and prior to filing a grievance, be aware of any deadlines so that you don’t miss the opportunity to file a school-based grievance if needed.  
• Law and/or policy violations to include in your grievance: Grievances must raise specific violations of laws or policies. Some laws or policies that are commonly violated in situations involving bullying and harassment could include the following:  
  • Local school board policy (or policies) related to school-based harassment or bullying: Check out this spreadsheet to find your local policy related to bullying. Local board policies outline the steps school officials must take to prevent and address bullying. In most districts, those policies are found in Policy Code 4329 or Policy Code 4021. If your school hasn’t followed the required procedures under your local bullying policy, you can file a grievance that raises violations of your local bullying policies.  
  • The North Carolina School Violence Prevention Act: N.C.G.S. § 115C, Article 29C – This state law requires school districts to adopt and follow school board policies to prevent and address bullying. If your school hasn’t followed the required procedures under your local bullying policy (see next bullet), you may want to include this state law as a violation as well.  
  • Your local school board policy related to your student’s right to be safe and able to learn in school: In many districts, this right is captured under a policy entitled “Focus on Students”, which is often found in Policy Code 4000. Check out this spreadsheet to find a link to your local board policy manual and search for this policy.