What legal recourse is available for students who are harassed or discriminated against in schools?
In Virginia, civil rights law provides legal recourse to students who are harassed or discriminated against in schools. Under Title IX of the Education Amendments of 1972, students who experience gender-based discrimination—including harassment based on sex, gender identity, or sexual orientation—may file a complaint with their school district. Additionally, Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin. Students may also seek recourse through the Virginia Human Rights Act (VHRA), which prohibits discrimination and harassment in state educational institutions on the basis of race, color, religion, national origin, sex, disability, age, and other protected categories. If a school fails to take corrective action after a complaint is filed, the student may file a written complaint with the Virginia Division of Human Rights. The Virginia Department of Education (VDOE) also provides resources for students and families, including information about student rights, anti-discrimination policies, and how to file a discrimination complaint. If the complaint is not resolved at the school or district-level, the student may file a civil rights complaint with the U.S. Department of Education’s Office for Civil Rights. Ultimately, students who experience harassment or discrimination may contact a civil rights attorney for legal assistance. An attorney can advise the student of their rights, evaluate the evidence of discrimination, and pursue legal action if warranted.
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