What is Title IX?
Title IX is a federal civil rights law that prohibits sex discrimination in K-12 schools, online schools, colleges and universities that receive funding from the federal government. It also requires gender equality in all areas of education. Although Title IX is often talked about for its protections around sexual assault, it also protects survivors of sexual harassment, dating abuse or intimate partner violence (IPV) and stalking.
Title IX protects survivors of all gender identities and sexualities and is an option for support regardless of a person’s citizenship or documentation status. Members of faculty are also protected under Title IX. This law is an alternative or supplement to the criminal justice system and focuses on the needs of survivors.
What Are a Survivor’s Rights Under Title IX?
Some of a survivor’s rights under Title IX include:
- The right to reasonable, free accommodations such as counseling, health services, tutoring,
- The right to be protected against retaliation for exercising their rights.
- The right to know their legal options.
- The right to request a No Contact order from the school/college. A Campus No Contact Order is different from a legal restraining or protective order in that it only applies to campus interactions and doesn’t have the same consequences if violated. Survivors can also choose to pursue a protective order independently from the Campus No Contact Order.
- The right to file a complaint against the abuser/harasser/rights denier. The process of filing, investigating and ruling on the complaint is called adjudication. Under Title IX, this process should be:
- Resolved in 60 days
- Prompt and fair
- Clear and well-publicized to all parties involved
- School/university employees should help with this process. Schools are also required to publish the process they follow. During a Title IX investigation, an incident has to be found more likely to have happened than not. This is a lower standard of evidence than in the criminal justice system.
For more information about your rights under Title IX, visit Know Your IX.
What is the Clery Act?
The Clery Act is a law named after Jeanne Clery, who was raped and murdered by a fellow student in her dorm room in April 1986. The purpose of this law is to create transparency around policies and statistics for crimes committed on college or university campuses. The Clery Act applies to colleges and universities that receive federal funding and requires them to:
- Record campus crime statistics and make them available to students and faculty in Daily Crime Logs and an Annual Security Report. This information should be posted on a school’s website
- Provide timely warnings to the campus community when a crime has been committed
- Provide details about the school’s policies on crime to the campus community
- Create and maintain a fair and impartial policy for campus disciplinary proceedings
- Promote ongoing education and awareness on campus crime and policies
- Provide survivors with a written explanation of their rights and options, as well as protection from retaliation for exercising those rights
Need more information or additional support? Check out our Resources page or call, chat or text with a loveisrespect advocate. Please note that we are NOT legal advocates at loveisrespect and can’t provide legal advice. However, if needed we can refer you to legal resources or a legal advocate who can help!