Office Of Civil Rights Complaint

Instructions for Filing an OCR Complaint for Sexual Harassment in Schools

If you or your child has experienced sexual harassment in a school setting, you have the right to file a formal complaint with the U.S. Department of Education’s Office for Civil Rights (OCR) under Title IX of the Education Amendments of 1972. The following guide provides step-by-step instructions to ensure your complaint is properly filed and considered.

1. Understanding the OCR Complaint Process

OCR enforces federal civil rights laws that prohibit discrimination in education programs and activities receiving federal financial assistance. Sexual harassment is a form of sex discrimination that includes:

Unwanted sexual advances or requests
Sexually inappropriate comments, jokes, or discussions
Explicit or implicit threats based on gender or sexuality
Sexually suggestive material being shared in a classroom setting
Failure to act on known harassment by school officials

OCR has the authority to investigate allegations of sexual harassment occurring in public K-12 schools, colleges, universities, and any educational program receiving federal funding.

2. Timeframe for Filing a Complaint

Complaints must be filed within 180 days of the last instance of sexual harassment.
If you have gone through the school's internal grievance process, the OCR complaint must be filed within 60 days of receiving the final decision from the school.
If more than 180 days have passed, you can request a waiver from OCR if you have a compelling reason for the delay.

3. How to File a Complaint

How to file a complaint, Offices and Addresses

There are three ways to file an OCR complaint:

Option 1: Online Submission (Preferred)

Submit your complaint through the OCR Complaint Portal: OCR Online Complaint Form

Option 2: Mail Submission

Complete the OCR Discrimination Complaint Form (available on the Department of Education’s website).
Mail it to the regional OCR office that serves your state. (Find your regional office here).

Option 3: Email or Fax Submission

Email the completed complaint form to: OCR@ed.gov
Fax your complaint to (202) 453-6012

4. Information Required in the Complaint

A well-documented complaint will increase the likelihood of OCR taking action. Be sure to include the following details:

Section 1: Complainant Information

Your full name and contact details (address, phone number, email).
If you are filing on behalf of a minor (your child), provide their name and age.

Section 2: Institution Information

The name, address, and contact information of the school where the harassment occurred.
Names of any relevant administrators (e.g., principal, superintendent, school board).

Section 3: Details of the Alleged Harassment

The name of the harasser (if known).
The specific nature of the harassment (e.g., unwanted sexual comments, inappropriate classroom discussions, physical contact).
The date(s) and location(s) of the incidents.
Any witnesses who can support your claims.
How the school responded (if at all). Did you report the issue? Was action taken?

Section 4: Previous Grievance Actions

Indicate whether you filed a complaint with the school (e.g., Title IX Coordinator, principal, district office).
If so, when and how did the school respond?
If you received an unsatisfactory response, explain why it was inadequate.

Section 5: Resolution Sought

Describe what action you want OCR to take. This may include:
- Conducting an investigation into the school’s handling of the case
- Mandating school-wide training on Title IX protections
- Holding specific school officials accountable

Section 6: Certification and Signature

You must certify that the complaint is true to the best of your knowledge.
Include your signature and the date of submission.

5. What Happens After You File?

After submitting your complaint:

OCR will review it and determine if they have jurisdiction over the case.
If accepted, they will launch an investigation and may contact you for additional details.
The school will be notified and required to respond.
If OCR finds that discrimination occurred, they may require corrective actions, such as policy changes, staff training, or disciplinary action against individuals involved.

6. Confidentiality & Protection from Retaliation

OCR keeps complaints confidential to the extent possible.
Schools CANNOT legally retaliate against you or your child for filing a complaint.
If you experience retaliation, you can file an additional retaliation complaint with OCR.

7. Seeking Additional Legal Help

While filing with OCR does not require an attorney, some parents choose to consult with a Title IX attorney for guidance. In severe cases, a separate legal action may be necessary.

If your child has suffered emotional distress, it may also be worth exploring civil lawsuits against the school district or seeking a private attorney's assistance in addition to the OCR complaint.

8. Downloadable Complaint Template

To make the process easier, you can use the OCR Complaint Template and modify it based on your specific situation. You must use Adobe Reader for editing.

Print and mail the completed complaint and consent forms to:
Centralized Case Management Operations
U.S. Department of Health and Human Services
200 Independence Avenue, S.W.
Room 509F HHH Bldg.
Washington, D.C. 20201
Email the completed complaint and consent forms to OCRComplaint@hhs.gov (Please note that communication by unencrypted email presents a risk that personally identifiable information contained in such an email, may be intercepted by unauthorized third parties)

Conclusion: Protecting Students’ Rights Starts with Action

Filing an OCR complaint is one of the most effective ways to hold schools accountable when they fail to address sexual harassment. Schools are legally required to protect students from sexual misconduct, and when they don’t, parents must take action.

If your school has failed to protect your child, use your voice—and the power of the law—to demand accountability.