If you’re a college student, you have a basic expectation that your college or university is going to do everything it can to keep all of its students physically and psychologically safe. Unfortunately, campus sexual assaults still occur at a troubling rate, and in some cases, the actions of the school have contributed to heightening the risk of sexual assault to its students. Further, even when survivors of sexual assault have taken the brave step of reporting what happened to them to the schools, schools don’t always handle those reports with the sensitivity, care, and investigative rigor, causing further damage to both the survivor and to ensuring that their campus remains safe in the future. Understanding the legal options you have as a survivor of campus sexual assault can be an important piece of deciding how to move forward from what happened.
What is Title IX, and How Does it Apply to Legal Options for Survivors of Sexual Assault?
“Title IX” is the shorthand title given to the law passed in 1972, which made it illegal for colleges and universities to engage in sex-based discrimination. Part of the prohibition on sex-based discrimination requires schools to have a comprehensive framework to address both sexual harassment and sexual assault of students, including a “grievance procedure” for students to report both sexual harassment and other kinds of sexual violence. Students who notify their school that they are a survivor of sexual harassment or sexual assault are entitled to several rights, including:
- To a fair and thorough investigation of their complaint by the school
- To have the opportunity to present evidence or call witnesses, with less rigorous evidence rules than are in a criminal or civil trial
- To receive a prompt and fair resolution of their complaint, including a notification of disciplinary outcomes that the perpetrator may face
The Title IX process is separate and distinct from both the civil and criminal legal processes. In fact, to call it a “legal process” at all is a bit of a misnomer–though the hearings may seem a little like a trial, the intent is to determine whether violations of the student conduct code occurred and the appropriate penalty, not civil or criminal liability.
What Can You Do If You’re Dissatisfied with the Way Your School Handled The Title IX Investigation?
Unfortunately, survivors of campus sexual assault sometimes find out that the requirements of Title IX aren’t met by their school in how they respond to complaints of sexual harassment or assault. They can be met with hostility, disbelief, or just a level of bureaucratic delay that falls far short of the prompt and equitable resolution that the law compels. In cases where schools have mishandled reports or failed for other reasons to keep a safe environment, survivors of campus sexual assault may want to consider bringing a civil case against their school (in plainer language, this is the type of case people are talking about when they say they are going to “sue” an institution or person). A civil case can seek both money for the victim and additional changes, such as increased training or better funding for how the school handles reports in the future. A civil case may include one or more of the following claims:
- The school was negligent. Negligence is most commonly proven when an institution knew that there was a problem that increased the risk to students of sexual assault, but failed to address it. For example, at a university in the South, one student was sexually assaulted by another student and reported it to the school. The school took no action after the first report. A few months later, a different student was sexually assaulted by the same person who had assaulted the first one, at which point the school finally banned the perpetrator from campus. The second assault victim sued the school for negligence, since their actions (and inactions) had contributed to her assault.
- The school violated Title IX. As discussed above, Title IX grants survivors certain rights, and schools that don’t meet those legal requirements can be held responsible for that failure by a lawsuit seeking money damages.
- A claim against the student or other person who assaulted you. Rape or other kinds of sexual violence are actions for which you can sue someone on various grounds, including for physical harm and emotional distress. Though less common than suing the institution, survivors can also bring a civil lawsuit against the person who harmed them.
Campus Sexual Assault is a Crime. Should You Report to the Police?
Deciding whether to report what happened to the local police, and to “press charges” (the colloquial term for cooperating further with the investigation, through an arrest and criminal prosecution of the perpetrator) is often a very fraught decision for survivors of sexual assault. There isn’t one right answer. Having the criminal justice system involved can be a healing and empowering experience, but it also can be the opposite. Since criminal liability is between the state and the perpetrator, survivors can have significantly less say in the criminal process than they do in a Title IX investigation at the school level, or in a civil lawsuit. Having a lawyer who understands the interplay between the civil and criminal systems is crucial when deciding what the next steps are that make sense in your situation.
Take the First Step Toward Justice
The civil litigation team at ADZ Law knows how hard it is to navigate these systems while dealing with trauma. We are committed to helping survivors of campus sexual assault understand their legal choices with no pressure or judgment. Contact us today at 650-458-2300 to schedule your confidential consultation and begin the path towards justice.
