This guide was written by Abby Shuler and Craig White of the Campaign for Southern Equality. Abby Shuler is the Research Associate for the Supportive Schools Program, and Craig White is the Supportive Schools Director.
- View the full guide here.
- Additional information for staff and faculty can be found here.
- Additional information for administrators and school board members can be found here.
Schools should be safe places where every student is treated with respect and receives a quality education. However, as 2022 kicks off, we’re seeing campaigns to ban books with LGBTQ+ topics and characters, protests at school board meetings about LGBTQ+ content in the curriculum, increased harassment of LGBTQ+ students, staff and faculty, and teachers being pressured to take down pride flags and remove affirming messages from their classrooms. Against that backdrop, it is critical that LGBTQ+ students, staff and faculty know your rights under the law and how to stand up for them.
If you are being discriminated against at school you have the power to stop it. The following is a guide to help you figure out what steps to take to fight for your rights.
- Is this harassment? “I can’t take this any more.” “I don’t think I can go to school and face that again.” “That was really not okay.” “Nobody should be allowed to say / do things like that.” If you find yourself feeling, thinking, or saying things like this, you may be experiencing harassment or discrimination. If you are being targeted because of your gender, gender identity, gender expression, or sexual orientation (whether actual or what somebody else is assuming), then that harassment is illegal. You are also protected at school from discrimination and harassment on the basis of race, national origin, religion, disability, and other identities. If you would like to take action against discrimination based on another identity other than sexual orientation or gender identity and expression, you can follow these steps, too.
- Find a trusted support person who can listen, assist and guide you. They can help you think about your options, and go with you if you decide to make a report or talk to the administration. They might also, with your permission, be able to talk to the administration or make a report on your behalf. Talk to your school counselor, school social worker, or student support specialist about what you’re experiencing. If you do not feel safe with these individuals in your school, ask another staff member or teacher that you feel comfortable with to help you. If there’s nobody at school, then a parent, guardian, or another family member may be able to provide support. You can also consider a coach, mentor, or a support person from a local LGBTQ+ center.
- Write everything down. Time, date, location, what happened, and who was present. If there were multiple events or situations, document as many as possible. Even if you don’t think you want to file a complaint, having a written record of events helps bring the power back into your hands, because that documentation always carries the possibility that you can take action if and when you choose.
- Know what you want. What are the behaviors or situations that need to be stopped? Are there policies or practices that need to be changed? What conditions would have to be met for you to feel safe, welcome and comfortable at school? The more clear you are on what you want, the more likely you are to get it.
- Research your options. Schools are required to have harassment and discrimination reporting procedures in place, and your support person can help you navigate what to do next. Policies and procedures should also be posted on the school or district website (search for ‘sexual harassment,’ ‘bullying,’ or ‘discrimination.’)
- You may not need to file a complaint. Sometimes, simply communicating, “I believe I am experiencing harassment” or “I believe I have grounds for a Title IX sexual harassment complaint,” is enough to get school authorities listening to you. However, don’t threaten a complaint if you aren’t willing to follow through.
- Take action. You and your support person have several options for communicating with the administration about the problem and the solutions you would like to see. You can send an email to the principal, or a parent or your support person could send an email on your behalf. You can set up a meeting for you and your support person to talk with the principal or another administrator directly. Or you can go directly to the step of filing a complaint, following the steps described in school policy. Note that you can file the complaint yourself, or another person can file a complaint on your behalf.
- If you are not satisfied with your school’s response, you can reach out to your school district’s Title IX Coordinator. Every school district has one, and their job is to make sure all schools in the district comply with Title IX. Their contact information should be available on the district website, or here’s a website where you can find the contact information for the Title IX Coordinator of any school district.
- If your school and/or school district’s Title IX Coordinator are not helping you in the way you need, you can file a complaint with the Department of Education’s Office of Civil Rights. A complaint at this level will be assigned a case manager who has the power to to help resolve the issue, uphold your civil rights protections, and even take away federal funding if the school or district does not agree to fully address the complaint. Learn more about the DOE’s Office of Civil Rights here, then click here to file a discrimination complaint. If you are making an OCR complaint regarding an identity other than your sexual orientation and/or gender identity and expression, the complaint process is the same. NOTE: OCR complaints must be submitted within 180 days of the last incident of discrimination.
Important Things to Remember:
- You are safe from retaliation! It is illegal for a school/agency to retaliate against someone who files a civil rights complaint.
- Someone else can file on your behalf. If you do not feel safe submitting a complaint by yourself, have someone help you.
- Time is important. You have 180 days to file a complaint after the last discriminatory incident.
- Never forget your power and your rights! In standing up for yourself, you are also standing up for other people in your school community.
Sources and Resources:
- Lambda Legal’s Know Your Rights guidance – Lambda Legal is a national organization dedicated to upholding the civil rights of the LGBTQ+ community. This page outlines the rights of LGBTQ+ individuals in the workplace, at school, in court, as well as the rights of those living with HIV.
- Know Your IX: Guidance on taking legal action under Title IX – This is another great resource on how students and school staff can file a Title IX complaint. It includes in depth information about filing an OCR complaint and/or a Title IX lawsuit.
- Resources for LGBTQI Students from the Department of Education – These fact sheets, videos, guidance letters and other resources can be a powerful tool in making your case with teachers and administrators.
- Types of Educational Opportunities Discrimination Protection – Here is a complete list of civil rights protections for individuals in educational agencies from the Department of Justice.
- Department of Education Office of Civil Rights Protecting Students Overview – This is an overview of the civil rights protections for students, organized by social identity (ie. race, sex, disability, age). For each identity, it includes policy guidance on the laws themselves, frequently asked questions, and a link to file a discrimination complaint.
- Supreme Court’s response to Bostock vs. Clayton County – This landmark case ruled that sexual orientation, gender identity, and gender expression are included in all civil rights protections on the basis of sex.
Disclaimer: This document includes resources and information and it is not legal advice. Moreover, due to the rapidly changing nature of the law and our reliance on information provided by outside sources, we make no warranty or guarantee. For legal advice, it is advised to consult an attorney.
