Title IX of the Education Amendments of 1972, the federal law governing sex discrimination at educational institutions that receive federal funding, prohibits sex discrimination. Sex discrimination includes sexual assault. Under Title IX, schools have two main duties concerning sexual assault. While the exact requirements change under different presidential administrations, as the Department of Education promulgates new rules concerning Title IX, these duties remain similar at a high level. One set of duties applies before a complaint of sexual assault is made, and the second set applies after an individual informs the school of a sexual assault.
Before a complaint of sexual assault, a school must generally take steps to keep students safe from sexual assault. This requires schools to take certain actions including appointing a Title IX coordinator, who oversees ensuring the school complies with Title IX; creating an antidiscrimination policy; and establishing procedures for students and staff to file complaints for sex discrimination, including sexual assault. This also requires schools to not turn a blind eye to widespread sexual misconduct.
After a complaint of sexual assault, a school must investigate the allegations and implement supportive measures to protect the complainant’s educational opportunities and prevent him/her from suffering further harm from retaliation, whether that comes from the alleged perpetrator or his/her friends. The investigation and protective measures must proceed even if there is a separate investigation being conducted by law enforcement. The obligation to investigate is triggered even where the incident took place off-campus or involves a student and people who are not students at the school. The investigation process varies depending on the type of school; for example, elementary schools do not need to hold a hearing, while colleges do. After an investigation, the school must continue to take supportive measures to ensure a sexual assault survivor can receive the full benefits of his/her education. Supportive measures may include suspending or expelling the perpetrator, allowing the survivor to take classes remotely or move dormitories at a college, compelling the perpetrator to take classes remotely, switch classes or remain off campus, or issuance of a non-contact order between the survivor and the perpetrator.
