1. Short title This Act may be cited as the Ensuring Fairness for Students Act . 2. Ensuring due process in title IX claims Section 901 of the Education Amendments of 1972 ( 20 U.S.C. 1681 ) is amended by adding at the end the following: (d) Ensuring due process (1) Sexual harassment In this section, the term sexual harassment has the meaning given the term in section 106.30 of title 34, Code of Federal Regulations, or any successor regulation. (2) Implementation requirement Not later than 12 months after the date of enactment of the Ensuring Fairness for Students Act , each educational institution to which this section applies shall implement a grievance process to investigate and adjudicate formal complaints of sexual harassment that incorporates due process principles, treats all parties fairly, and reaches reliable responsibility determinations. (3) Grievance process Each grievance process implemented under paragraph (2) shall comply with each of the following: (A) Give both parties— (i) written notice of the allegation; (ii) an equal opportunity to select an advisor of the party’s choice (who may be, but does not need to be, an attorney)