Students should feel safe when attending a college or university. Unfortunately, that is not the reality. Campus sexual assault occurs at alarming rates:
- 19% – 23% of female students experience sexual assault
- 5% – 6% of male students experience sexual assault
We know that victims often fear coming out and pursuing their attackers. There is also an understandable desire to want to live the normal college lifestyle and to focus on studies.
Title IX offers student victims the legal protection needed to step forward, seek justice, and receive the support they need to obtain their education.
We’ve given voices to survivors of sexual violence for over 55+ years. If you or someone you know has been a victim of sexual assault, we will fight on your behalf to seek the justice you deserve.
Call us toll-free at (866) 466.7478 to schedule a free, confidential consultation.
National Statistics
Sexual assault is not unique to Indiana. Nationwide, students are victims of assault.
- 13% of women are stalked in college; 5.8% of all students are stalked in college
- 5% – 6% of men experience sexual assault
- 19% – 23% of women experience sexual assault
- 90% of victims know their attacker
- 12% of survivors report the assault
- Women are 2x more likely to be sexually assaulted than robbed while in college
- 1-in-5 female survivors receive assistance from an agency
Title IX is a step to help survivors seek the justice that they deserve without discrimination. Unfortunately, many assaults remain unreported, and the statistics above may be much higher as a result.
What Does Title IX Have to Do with Campus Sexual Assault?
Title IX is required by the U.S. Department of Education to help protect all students. Campuses are required to meet stringent guidelines to allow attendees to feel safe and secure when at school.
Campuses have a duty to:
- Respond promptly to any claims of sexual harassment or assault. Immediate action must be taken to eliminate recurrence and address the issue.
- Investigate and take action on behalf of a student, even if the student does not file a complaint. In this case, the school must know, or should reasonably know of the assault.
- Resolve complaints equitably and promptly.
Campuses have a duty to each student to take measures to resolve assault and stop it from occurring in the future. One employee must be designated as the campus Title IX coordinator. The coordinator’s contact information must be given to all employees and students at the school.
Colleges cannot discriminate against victims and must have procedures in place to protect them from further assault.
What Are My Rights as a Victim?
Victims have a voice and a right to have their assault claims heard. If you’ve been a victim of sexual assault on campus, your rights include:
- Rapid, effective response to sexual violence
- Interim measures when necessary
- Confidential support service information
All students have a right for their school to investigate and resolve complaints. When necessary, the school must take interim measures, which include:
- Change of classes to protect you from the perpetrator
- Change of dorm assignments
- Change of transportation
If, for some reason, you’re the victim of any form of retaliation from students, employees or the perpetrator, the school has a duty to take immediate action.
Students who need additional services can also seek the campus’s guidance on the matter. For example, if you need any of the following, your school should provide information on where to seek it:
- Academic support
- Counseling
- Victim advocacy
If you need a campus escort, the school should provide it as an interim measure while the investigation is ongoing. Students of all ages and genders have a right to the protections of Title IX.
Sexual Abuse Cases are Often Underreported
Nationwide, sexual abuse remains a problem on campuses. Victims often stay silent or only tell their friends about the incident. Even when they do report cases, they may be underreported by local officials.
A recent incident in Virginia demonstrates how abuse statistics may not be entirely accurate.
In 2022, Monroe Park Campus reported five rapes and three instances of fondling. Later revisions to the report were released in December 2023, finding that there has been an actual rape count of 20 and 19 instances of fondling. The police have issued an apology, claiming that the error occurred after the VCU Police did not include data from the VCU Title IX office.
What’s also startling about this report at Monroe Park Campus is that when compared to the previous year, it shows the number of rapes tripled between 2021 and 2022.
The Monroe Park police chief acknowledged this increase, and stated he believes that the increase in rapes at the university is due not to increased abuse, but to increased reporting — more survivors finding their voices and reporting the incidents.
Students on campus do report feeling generally safe, but the report shows how easy it is for miscalculations to occur in the number of true survivors of sexual abuse. On a positive note, many students are finding support and stepping forward to report abuse.
I Was a Victim. Who Can I Report To?
Campus sexual assault is serious and must be reported as soon as possible. You can report to:
- Title IX Coordinator: Your school should have provided you with the contact information of this coordinator. The coordinator is responsible for all Title IX-related issues.
- Campus police: The campus police should be able to help you with the report and begin the investigation process.
- Local police: You can call the local police and report the incident, but this will be outside of the school’s investigation and requirements.
You have a right to feel safe and seek justice for the assault that you’ve been through. If you don’t want to tell someone else, talk to a friend or parent about the incident.
Filing a complaint with the police will trigger an investigation outside of campus and may go to your local district attorney. Investigations are performed to reduce the risk of falsely accusing another party and act as protection for everyone involved.
If you need medical attention, you should seek it at this time.
Medical examinations can verify your claim of abuse and allow you to seek any medical treatment that may be necessary.
School Investigations
The first step in the formal complaint process is the investigation. Title IX requires all schools to investigate allegations of sexual misconduct. Both the victim and the defendant must receive written notice from the school after receiving the formal complaint.
Both parties may also:
- Submit their own evidence, including expert witnesses. The school may not restrict either party’s ability to gather evidence.
- Hire attorneys. The school must provide evidence it has gathered and provide at least 10 days for review.
During a Title IX hearing, both parties, through their advisors, may present questions and cross-examine witnesses.
If the investigation finds that the “defendant” or respondent is found guilty, the school must provide remedies, which may include suspension, expulsion or no-contact orders.
The Claim Process
When the administration processes fail, the next step is to seek legal action. Schools may repeatedly delay investigations or fail to take the right course of action to:
- Protect their reputation and image
- Hope that the problem just “disappears”
If your school showed deliberate indifference and failed to conduct the investigation process properly, you may have a Title IX claim.
The experienced campus sexual assault attorneys at Cohen & Malad will advocate for your rights and guide you through the process.
Damages Under a Title IX Lawsuit
If you are a survivor of campus sexual assault, abuse, or misconduct, you may have the right to file a civil lawsuit. Colleges and universities receiving federal funds are required to respond promptly and effectively to reports of sexual misconduct.
If your school ignored the sexual misconduct that was being committed on campus or failed to respond to your report in a timely and effective manner, you may be entitled to compensation.
The court may also order compensation for your attorney’s fees.
Along with monetary damages, Title IX lawsuits can also result in the court ordering the school to:
- Make changes to their reporting and investigation policies
- Implement sexual assault education programs
- Correct Title IX violations
For survivors of sexual assault, taking legal action is also an opportunity to have their voices heard and to encourage other survivors to come forward.
Resources for Survivors of Campus Sexual Assault
Victims of assault on campus have resources and groups that they can reach out to during these challenging times. Some of the groups that we recommend are:
- RAINN
- Take Back The Night
- Victim Rights Law Center
- 1in6
- After Silence
- End Rape on Campus
- The National Alliance to End Sexual Violence
Note: If you need counseling or other resources to allow you to pursue your education or overcome the trauma that you’ve experienced, your school should provide a list of resources for you. You can also seek these resources on your own.
Contact Cohen & Malad, LLP Today
If you are a victim of campus sexual assault, the compassionate sexual assault attorneys at Cohen & Malad are here to help. Our team understands the sensitive and traumatic nature of your experience and can help you determine your legal options and next steps.
Contact us today to schedule a free, confidential consultation.
