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Title IX was specifically introduced to protect and enforce gender equality in federally-funded educations programs. If discrimination and sexual assaults occur the parties involved must be held accountable. You may be reading this page because:
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Until recently, “Title IX” was a phrase rarely used outside the realm of college sports. But this law was meant to eliminate gender discrimination throughout academia. Discrimination ranges far beyond a college or university’s admissions and budget offices, and the US Department of Education has long-held that sexual harassment and sexual violence are forms of discrimination.
In 2011, the agency’s Office of Civil Rights sent a guidance document to federally-funded schools, a letter that defined sexual violence as explicitly discriminatory:
“Education has long been recognized as the great equalizer in America. The U.S. Department of Education and its Office for Civil Rights (OCR) believe that providing all students with an educational environment free from discrimination is extremely important. The sexual harassment of students, including sexual violence, interferes with students’ right to receive an education free from discrimination and, in the case of sexual violence, is a crime.”
Learn more from our campus sexual assault lawyers at Abuse Guardians.
Title IX of the Education Amendments of 1972, commonly known simply as Title IX, is an anti-discrimination law that prohibits gender discrimination in federally-funded educational programs and institutions. It applies to colleges as well as K-12 schools, both public and private.
Title IX is historic, the letter continues, because it requires any educational institution that receives federal funding to take proactive steps to stamp out sexual violence on campus, and respond appropriately when sexual violence occurs.
The reasoning behind these requirements is as simple as it is compassionate. Sexual violence, whether it takes place on campus or in the home, creates a space of danger, a space in which survivors cannot feel safe. An attempted rape, rape or assault “effectively bars the victim’s access to an educational opportunity or benefit,” according to a 1999 US Supreme Court decision, cutting students off from their full potential through intimidation and trauma. That, by definition, constitutes discrimination.
Simply put, sexual harassment has been interpreted to include any and all “unwanted conduct of a sexual nature.” That covers:
This is an intentionally broad definition, because it seeks to cover any behavior, whether it’s committed by another student, a school’s faculty member or employee, that would create an environment sufficiently hostile to “interfere[…] with or limit[…] a student’s ability to participate in or benefit from the school’s program.”
Numerous courts, including the US Supreme Court, have held that a single, isolated incident of sexual assault or rape is enough to create a “hostile environment.”
Absolutely.
Although it’s usually invoked in relation to the rights of students who identify as women or female (because 91% of sexual assault victims are female), Title IX protects everyone, regardless of their gender identification, from gender-based discrimination.
It’s for men and gender non-conforming students, too. Title IX also extends to protect faculty members and college staff. The law begins with the broadest inclusion possible: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
After Title IX was signed into law, schools across the country began developing their own written policies for how they would handle allegations of sexual assault. While the law only specifies certain provisions that these policies must include, it requires that each school have one, publish it openly and appoint a Title XI Coordinator to manage students’ complaints.
File a complaint, and your school has to investigate it promptly, whether or not you decide to report the assault to police. “Promptly” in this context means within a semester, but the Office for Civil Rights has suggested a much quicker turn-around of 60 days. In any event, survivors have a legal right to be informed of the time-frames in which major portions of the investigation will be conducted.
But even before an investigation begins, schools have to take “interim measures” to protect students, both their safety and their privacy. This is true whether or not a student’s allegations of sexual misconduct have been corroborated or substantiated in any way. It doesn’t matter: protective “interim measures” come first, and should have the goal of ensuring that students are able to continue their educations free from the threat of sexual discrimination.
In fact, Title IX makes it illegal for schools to suggest that survivors take time off after an assault, according to KnowYourIX.org. That “advice” would itself be discriminatory, since it tacitly discourages students from continuing with their education. Students have the right to change classes, switch dorms, or acquire alternate forms of transportation if their current arrangements are unsafe.
Counseling services, as well as additional academic support if necessary, should be made easily available to all students, whether or not they have reported an incident to the office in charge of Title IX investigations.
Many counselors, and on-campus victim advocates, are required to keep what students tell them confidential. Other employees may be required to report sexual assault disclosures, but every school must make it clear which counselors need to report and which do not. In the event that reporting is required, an employee is only allowed to tell school officials who are responsible for managing the institution’s response to sexual discrimination.
Continue reading: Lawyers Fighting For The Victims Of Sexual Assault In College & High School Hazing Rituals
Title XI wants to include survivors in their school’s investigation process. Victims of assault have every right to present evidence and witnesses. If a school allows accused perpetrators to have an attorney (some don’t), survivors can hire a lawyer, too.
If this is starting to sound like a criminal prosecution, take a moment to consider the “burden of proof” required in Title IX investigations.
In criminal cases, which may proceed simultaneous to a school’s internal investigation, prosecutors have to prove “beyond a reasonable doubt” that the accused committed a crime.
School investigations are required to use a less-stringent standard: a preponderance of the evidence. If a school turns up enough evidence to show that it’s more-likely-than-not the assault occurred (or harassment created a “hostile environment”), that finding warrants disciplinary action.
Many schools also offer survivors help in the aftermath of an investigation that confirms an assault took place. Help can include free counseling and extra academic support, like a tutor. Schools often allow survivors to retake a class without it having any effect on their academic record, too.
Colleges and universities are required by Title IX to send out a notice of non-discrimination, as well as educate students on their rights regarding sexual assault and other violent means of discrimination.
For example, schools can be cited for failing to notify sexual assault victims of their right to:
Over the last 30 years, Title IX has been universally interpreted to mean that no school can turn a blind eye to campus sexual assault. Schools that fail to investigate allegations, ones that are aware of sexual assault but ignore it, can be held liable under Title XI.
A school becomes legally responsible, according to the 1999 Supreme Court decision we mentioned earlier, when the way it handles an investigation “is clearly unreasonable in light of the known circumstances,” a standard that has been criticized for being overtly, and perhaps purposefully, vague.
“Know” is the operative word here, and it serves as an unnecessary barrier to justice according to many survivors’ rights advocates.
In fact, it’s been suggested that the Court’s ruling undermines the very requirements made clear in Title XI. Where civil lawsuits are concerned, schools can only be held accountable for what they know, but fail to act upon. That’s an incentive to drop adequate discrimination reporting systems, since the less a school knows, the less its liability.
The Title IX lawyers at Abuse Guardian play a vital role in advocating for the rights of survivors of sexual misconduct in educational environments. Their expertise in navigating complex legal frameworks ensures that victims receive the support and justice they deserve. By offering compassionate guidance and a commitment to holding institutions accountable, these attorneys not only empower individuals to seek remedies for their experiences but also contribute to the broader movement towards safer educational spaces. With the dedication and resources of Abuse Guardian, survivors can find a path to healing and restoration through informed legal action. Contact us today for a free consultation.
