Ensuring Fairness for Students Act

Ensuring Fairness for Students Act

This bill requires educational institutions to implement a specified grievance process for investigating and adjudicating formal complaints of sexual harassment (i.e., Title IX claims). Title IX prohibits discrimination on the basis of sex in federally funded education programs or activities, including in public elementary and secondary schools and in colleges and universities.

Among other elements, this grievance process must (1) provide both parties with a written notice of the allegation, an equal opportunity to select an advisor of each party's choice, and an opportunity to submit and review evidence throughout the investigation; (2) apply a presumption of innocence during the process; and (3) give both parties an equal opportunity to appeal.