{"data":{"id":"us-dc/d.c.-code-38-952.02","jurisdiction":"us-dc","citation":"D.C. Code § 38-952.02","heading":"Policy to prevent and address student-on-student acts of sexual harassment, sexual assault, and dating violence.","body":"(a)\nBeginning in the 2019-2020 school year, schools shall adopt and implement a policy to prevent and address student-on-student acts of sexual harassment, sexual assault, and dating violence. The policy shall include:\n(1)\nA statement prohibiting student-on-student acts of sexual harassment, sexual assault, and dating violence, including an acknowledgment that schools that know or reasonably should know of student-on-student acts of sexual harassment, sexual assault, and dating violence shall take immediate and appropriate action to investigate whether such acts occurred;\n(2)\nProtocols for the school's response to allegations of student-on-student acts of sexual harassment, sexual assault, and dating violence, including procedures to:\n(A)\nInterrupt or stop each specific act of student-on-student sexual harassment, sexual assault, or dating violence, prevent its recurrence, and address its effects, whether or not the incident is the subject of a criminal investigation;\n(B)\nRefer complainants to services and advocacy organizations;\n(C)\nProvide information to complainants regarding the investigatory process;\n(D)\nInstitute and resolve disciplinary action; and\n(E)\nProtect the confidentiality of complainants in accordance with the Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties, dated January 19, 2001, as issued by the Department of Education;\n(3)\nThe school's plan to effectuate its obligations, and inform students of their rights, under Title IX of the Education Amendments of 1972, approved June 23, 1972 (86 Stat. 373; 20 U.S.C. §§ 1681 et seq.) (\"Title IX\"), the Scott Campbell, Stephanie Roper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights Act of 2004, approved October 30, 2004 (118 Stat. 2260; 18 U.S.C. § 3771), Chapter 14 of Title 2, and Chapter 19 of Title 23, including mechanisms to:\n(A)\nProtect the safety of complainants as necessary during the investigation of student-on-student acts of sexual harassment, sexual assault, or dating violence; and\n(B)\nDevelop and implement a prompt, fair, and impartial procedure for students to file complaints regarding student-on-student acts of sexual harassment, sexual assault, or dating violence, that:\n(i)\nIs conducted by school officials or agents who, at a minimum, receive annual training on:\n(I)\nIssues related to student-on-student acts of sexual harassment, sexual assault, or dating violence; and\n(II)\nHow to conduct an investigation that protects the safety of complainants and promotes accountability;\n(ii)\nProvides the complainant and the accused with the same opportunities to have others present during any school disciplinary proceeding, including the opportunity to be accompanied to any proceeding by an advisor or advocate of their choice; provided, that the school may establish restrictions regarding the extent to which an advisor or advocate may participate in  the proceeding, as long as the restrictions apply equally to both parties;\n(iii)\nEstablishes a standard for resolving complaints; and\n(iv)\nRequires contemporaneous notification, in writing, to both the complainant and the accused, of:\n(I)\nThe result of any school disciplinary proceeding that arises from an allegation of a student-on-student act of sexual harassment, sexual assault, or dating violence;\n(II)\nThe school's procedures for the complainant and the accused to appeal the result of the institutional disciplinary proceeding, if such procedures are available;\n(III)\nAny change to the result; and\n(IV)\nWhen such results become final;\n(4)\nProtocol to identify appropriate counseling and intervention strategies for students alleged to have committed student-on-student acts of sexual harassment, sexual assault, or dating violence, including guidelines for reporting such incidents to the Child and Family Services Agency if the student's behavior indicates that he or she may be the victim of child sexual abuse or child abuse;\n(5)\nGuidance concerning the applicability of the policy to student-on-student acts of sexual harassment, sexual assault, and dating violence that occur at school, school events and activities, over social media, and during travel to and from school, school events, and activities; and\n(6)\nA list of appropriate resources, services, and information for students and families affected by student-on-student acts of sexual harassment, sexual assault, or dating violence, including school-based supports.\n\n(b)\nBeginning in the 2020-2021 school year, schools shall provide:\n(1)\nTraining for staff, at the time of hiring and at a minimum every 2 years thereafter, utilizing evidence-based standards and developed in consultation with community-based sexual violence or abuse experts, on:\n(A)\nIdentifying, responding to, and reporting student-on-student acts of sexual harassment, sexual assault, or dating violence, including any mandatory reporting requirements under District or federal law which may be triggered by such incidents;\n(B)\nCommunicating universal prevention techniques to students that increase their ability to set and communicate about appropriate boundaries, respect boundaries set by others, and build safe and positive relationships; and\n(C)\nReceiving reports and disclosures from students regarding student-on-student acts of sexual harassment, sexual assault, or dating violence in a supportive, appropriate, and trauma-informed manner; and\n(2)\nInformation for parents on recognizing the warning signs of student-on-student acts of sexual harassment, sexual assault, and dating violence, as well as effective, age-appropriate methods for discussing such topics with students.\n\n(c)\nSchools shall provide the policy described in subsection (a) of this section to staff, parents, and, in a developmentally appropriate manner, students, and shall make the policy publicly available, including on the school's website.\n\n(d)\nThe Office of the State Superintendent for Education, in consultation with schools, direct service providers, mental health professionals, governmental and community-based sexual harassment, sexual assault, and dating violence experts, community partners, parents, and students, shall:\n(1)\nDevelop, maintain, and make available to schools a model policy on preventing and addressing student-on-student acts of sexual harassment, sexual assault, and dating violence that may be utilized to satisfy the requirements of subsection (a) of this section;\n(2)\nDevelop, maintain, and make available to schools a list of training resources, including community organizations, that may be utilized by schools to inform their development of the policy required pursuant to subsection (a) of this subsection; and\n(3)\nMake training and other resources required by this section available.","path":["Title 38. Educational Institutions.","Chapter 9B. School Obligation to Prevent Student-on-Student Sexual Harassment, Sexual Assault, and Dating Violence."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/38-952.02","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"db4cdaacff398964d0219c8281217f3438b6b84167e36100a6d7a9f07b5e9419","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-38-952.01","next":"us-dc/d.c.-code-38-1001"},"notice":"GroundRules: Original legal text. Not legal advice."}