Holding Colleges Liable for Sexual Assault

Students at colleges and universities have the right to live and study in environments free of sexual discrimination, harassment, and assault. Congress enacted Title IX of the Education Amendments of 1972 to prevent federally funded educational institutions from discriminating on the basis of sex. Title IX imposes a legal obligation on colleges and universities to prevent and respond to sexual assaults on campus. The United States Supreme Court has held that Title IX contains an implied right of action for a student who has been sexually assaulted by a faculty member or even another student. See Davis v. Monroe Cnty. Bd. Of Educ., 526 U.S. 633 (1999). A student who has suffered sexual assault on school property, including campus housing and dormitories, may have the right to hold the school liable for deliberate indifference to known acts of harassment in school programs and activities. As a result of Title IX, colleges and universities cannot turn a blind eye to allegations of sexual assault but must complete a full investigation into such allegations or face potential liability. Courts across the United States have held schools liable for creating atmospheres pervaded with sexual hostility that resulted in violence. If you are a college student and have been the unfortunate victim of rape, sexual harassment, or sexual assault then you may have a claim against the school for monetary damages. To find out more information about Title IX liability against educational institutions and whether you may have a claim against a college or university, contact an attorney at Kator, Parks, Weiser & Harris for a free consultation to discuss your legal options. Also, for more information as to how to initiate a complaint with the U.S. Department of Education’s Office of Civil Rights, see http://www2.ed.gov/about/offices/list/ocr/docs/howto.html.