What You Should Know About Title IX
With campaigns like It’s On Us, #DearBetsy, and End Rape On Campus, the prevalence of sexual violence on college campuses is beginning to be demystified. The 1 in 4 statistic, that approximately 20% of women will be sexually assaulted during their time in college, has hit mainstream media, but measures for survivors to feel safe, report their perpetrator, receive accommodations, complete their education, and begin their healing processes are more difficult to find.
Title IX, the federal law that protects students against sexual violence, affords survivors with a myriad of rights and protections that are rarely publicized or known. It states that, "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.” (Title IX of the Education Amendments of 1920, 20 U.S.C. §1681)
What this boils down to is any educational institution that receives federal funding (most colleges fall under this category) is legally required to respond to any complaints brought forward about sexual assault. Your school cannot ignore an allegation!
Title IX requires that particular measures be followed to ensure best practices in supporting survivors. Your school MUST have -
A Title IX Coordinator: the point person for survivors to go to if they want to report their assault. This person coordinates the subsequent investigation and disciplinary process. Their name/title, office address, phone number, and email should be easily accessible to all students.
You have the right to ask for an advisor to be there with you throughout the reporting process. This person can be an internal support person such as a professor, friend, family member, or external support person, including lawyers. Reporting sexual assault can be isolating and terrifying, but you deserve support and care from your trusted allies. You are allowed to share any/all details about the complaints made with your advisor.
Clear grievance procedures: aka an accessible process by which discrimination can be reported. This procedure must be PROMPT and equitable. Investigations should take no more than 60 calendar days. This time frame is often adjusted based on the complexities of the case.
You have the right to report your school to the Office of Civil Rights if the Title IX complaint process is unreasonably delayed. This is a violation of Title IX!
Employee Training: any employees of the college that may receive reports of sexual assault are required to be trained on how to identify and respond to disclosures. These employees could include professors, administrators, coaches, health center staff, and resident advisors.
You have the right to know who is a Mandated Reporter and who is not. A Mandated Reporter has an obligation to report instances of sexual assault or violence to the college. Confidential resources, on the other hand, will not disclose anything about the assault without the survivor’s consent. Your autonomy in making decisions about what to do after your assault takes priority. You know what is best for you and your healing process!
Reporting options: Under the Clery Act, colleges must inform survivors of their reporting options through the school and to the police.
The Clery Act is a federal law that requires colleges to report crimes that occur on campus. It includes the Campus Sexual Assault Victim’s Bill of Rights, which requires colleges to disclose educational programming, disciplinary processes, and survivor rights during the reporting process.
You have the right to accommodations whether or not you choose to report to the police or pursue reporting internally through the school’s grievance procedures. This means that you are entitled to changes in your academic or extracurricular schedules to prevent hostile environments that might compromise your education, safety measures, such as no contact orders or a restraining order. Your school must provide you with tutoring, counseling, or other support services at no cost to you if you need them to continue your education.
If your school does not provide you with these resources, they are in violation of Title IX policy and can be reported to the Office of Civil Rights. Discrimination complaints can be filed online at https://www2.ed.gov/about/offices/list/ocr/docs/howto.html.
https://www.knowyourix.org/
https://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html
https://pomona.callistocampus.org/reporting/pomona-policies/#your-title-ix-rights
Sagarika Gami is a senior at Pomona College studying Gender & Women’s Studies. She enjoys reading memoirs and listening to spoken word poetry on youtube (she stumbled across this piece last night and it might be a new favourite - https://www.youtube.com/watch?v=1gSCEImUey8).
