Federal Rights Guides
The Family Educational Rights & Privacy Act (FERPA), 20 U.S.C. § 1232g, is a federal privacy law that protects the education records of students at educational institutions and agencies that receive federal funding. Learn more by downloading our rights guide available here and below:
FAQs
What options do survivors have after campus sexual violence?
Campus Options
Under civil rights legislation known as Title IX, no “educational institution or agency” receiving federal funding can discriminate on the basis of sex. “Educational institutions and agencies” including pre-schools, K-12 schools, colleges and universities, vocational schools and programs, professional schools, etc. Discrimination on the basis of sex includes sexual harassment, violence, and abuse.
Therefore, Title IX requires schools who know or should know about sexual misconduct must respond stop the misconduct, prevent its occurrence, and remedy its effects. Remedies are not limited to disciplinary actions (like investigations, hearings, or sanctions), rather it includes providing accommodations to ensure victims can continue to access educational programs and opportunities. These latter remedies may look like changing classes for the parties, issues protective orders against the accused, and providing specific academic support for victims.
Beyond Title IX, there is also the Clery Act that protections for students and employees in higher education settings that receive federal funding. Higher education includes community colleges, vocations schools, traditional 4-year colleges and universities, as well as professional schools and programs. The Clery Act covers more than sexual misconduct to include sexual assault, dating and domestic violence, as well as stalking.
Under the Clery Act, institutions of higher education have to collect data on reports it receives regarding sexual assault, dating and domestic violence, as well as stalking. This data does not include personal identifying information of victims or perpetrators. This data is kept both in a daily crime log and in an Annual Clery Act Report that comes out by October each year (and includes up to three years of data). Beyond this data, institutions may also have to issue timely warnings if one of these reports suggest an ongoing threat to the campus community.
The Clery Act also sets procedural requirements for institutional responses to sexual assault, dating and domestic violence, as well as stalking. It specifically requires written information to be provided to victims about their rights and options. It also requires information in the Annual Clery Act Report on the disciplinary process to address such reports, including how to conduct disciplinary hearings and provide results of those hearings. Therefore, victims can access a disciplinary process on campus as well as safety measures and accommodations under this law.
Criminal Options
Under state laws, many types of sexual contact and activity without a victim’s consent constitute either a felony or misdemeanor crime. Therefore, victims of campus sexual violence may always report to local law enforcement. It is important when reporting to go to the law enforcement unit with jurisdiction over the crime, in other words, find the closest police station to where the crime occurred. When reporting, it is fine to note you are reporting a sensitive crime and would like to speak to a detective in the sex crimes unit (if they have a specialized unit).
Civil Options
Through civil courts, victims can obtain restraining/protective/peace orders against those accused of criminal conduct. Many states have local advocacy organization that can assist survivors in seeking such protective orders. It may also be something local attorneys can do pro bono (free) upon inquiry. Protective orders can be enforced by local law enforcement, educational institutions, and civil courts; therefore, victims should provide copies of the order in to such entities in advance of any concerns arising.
Beyond protective measures, victims may have options to bring lawsuits against the perpetrator or institutions obligated to respond to the reported sexual violence. Only an attorney can assess the viability of such claims and advise about the civil court process. Such legal services can often be obtained on a contingency fee, meaning there is no or little cost the victim in bringing the claim as the attorney will seek compensation from any settlement, verdict, or award that results from any civil claims.
Under civil rights legislation known as Title IX, no “educational institution or agency” receiving federal funding can discriminate on the basis of sex. “Educational institutions and agencies” including pre-schools, K-12 schools, colleges and universities, vocational schools and programs, professional schools, etc. Discrimination on the basis of sex includes sexual harassment, violence, and abuse.
Therefore, Title IX requires schools who know or should know about sexual misconduct must respond stop the misconduct, prevent its occurrence, and remedy its effects. Remedies are not limited to disciplinary actions (like investigations, hearings, or sanctions), rather it includes providing accommodations to ensure victims can continue to access educational programs and opportunities. These latter remedies may look like changing classes for the parties, issues protective orders against the accused, and providing specific academic support for victims.
Beyond Title IX, there is also the Clery Act that protections for students and employees in higher education settings that receive federal funding. Higher education includes community colleges, vocations schools, traditional 4-year colleges and universities, as well as professional schools and programs. The Clery Act covers more than sexual misconduct to include sexual assault, dating and domestic violence, as well as stalking.
Under the Clery Act, institutions of higher education have to collect data on reports it receives regarding sexual assault, dating and domestic violence, as well as stalking. This data does not include personal identifying information of victims or perpetrators. This data is kept both in a daily crime log and in an Annual Clery Act Report that comes out by October each year (and includes up to three years of data). Beyond this data, institutions may also have to issue timely warnings if one of these reports suggest an ongoing threat to the campus community.
The Clery Act also sets procedural requirements for institutional responses to sexual assault, dating and domestic violence, as well as stalking. It specifically requires written information to be provided to victims about their rights and options. It also requires information in the Annual Clery Act Report on the disciplinary process to address such reports, including how to conduct disciplinary hearings and provide results of those hearings. Therefore, victims can access a disciplinary process on campus as well as safety measures and accommodations under this law.
Criminal Options
Under state laws, many types of sexual contact and activity without a victim’s consent constitute either a felony or misdemeanor crime. Therefore, victims of campus sexual violence may always report to local law enforcement. It is important when reporting to go to the law enforcement unit with jurisdiction over the crime, in other words, find the closest police station to where the crime occurred. When reporting, it is fine to note you are reporting a sensitive crime and would like to speak to a detective in the sex crimes unit (if they have a specialized unit).
Civil Options
Through civil courts, victims can obtain restraining/protective/peace orders against those accused of criminal conduct. Many states have local advocacy organization that can assist survivors in seeking such protective orders. It may also be something local attorneys can do pro bono (free) upon inquiry. Protective orders can be enforced by local law enforcement, educational institutions, and civil courts; therefore, victims should provide copies of the order in to such entities in advance of any concerns arising.
Beyond protective measures, victims may have options to bring lawsuits against the perpetrator or institutions obligated to respond to the reported sexual violence. Only an attorney can assess the viability of such claims and advise about the civil court process. Such legal services can often be obtained on a contingency fee, meaning there is no or little cost the victim in bringing the claim as the attorney will seek compensation from any settlement, verdict, or award that results from any civil claims.
Why do schools have to respond to campus sexual violence rather than police?
Both Title IX and the Clery Act require educational institutions that receive federal funding to address reports of sexual violence independent of any criminal process. While sexual violence can sometimes constitute a crime, it is also a form of misconduct that institutions must internally address as well. Therefore, victims always have the option both to go to law enforcement to make a criminal report and to go to campus to have it respond to the misconduct. Under the Clery Act, victims have the right to decline to report to law enforcement so institutions cannot require it.
Unlike the criminal system, campus processes offer more immediate support and remedies for victims to ensure they can continue accessing educational opportunities and benefits. Another key difference is that campuses are limited in their ability to address misconduct to ultimately removing perpetrators from campus (i.e. expulsion, no trespass orders) as a final sanction, whereas the criminal system can impose severe criminal penalties, such as arrest, jailing, prison sentences, and criminal fines.
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Unlike the criminal system, campus processes offer more immediate support and remedies for victims to ensure they can continue accessing educational opportunities and benefits. Another key difference is that campuses are limited in their ability to address misconduct to ultimately removing perpetrators from campus (i.e. expulsion, no trespass orders) as a final sanction, whereas the criminal system can impose severe criminal penalties, such as arrest, jailing, prison sentences, and criminal fines.
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Why should a survivor or third party report campus sexual violence?
Research has found sexual violence to be the most underreported crime. In the community, roughly 32% of victims tend to report, whereas on campus there is decreased rates of around 20%. Victims have provided many reasons in research for this low reporting including fear of retaliation, fear of not being believed, concern there is not enough evidence, concern what happened is not “serious” enough to report, fear of social stigma, and much more. These reasons reflect historic failures of the criminal system and society at large to take sexual violence serious.
A primary reason victims report should report is to ensure the perpetrator does not continue on to harm others. Some research has found 90% of campus sexual violence is committed by a small group of repeat perpetrators who average around six (6) victims each. The average convicted sex offender has already averaged twelve (12) victims prior to intervention from the criminal system. Therefore, reporting is important to identify potential repeat perpetrators. While prosecution or disciplinary action may not always result, every report creates a record that improves campus and criminal system actions in the future. It may result in campuses engaging in better prevention education or removing the perpetrator when concerns are brought to light in the future. It may also result in stronger criminal investigations and prosecutions of perpetrators in the future.
While there are reasons to report, and reasons not to report, what matters most is a victim’s choice in how to proceed. Sexual violence causes trauma, and our society has historically failed to support survivors, therefore reporting is a challenging choice. SurvJustice encourages survivors to reach out and learn more to ensure they are making a fully informed decision about how they would like to proceed and be supported.
A primary reason victims report should report is to ensure the perpetrator does not continue on to harm others. Some research has found 90% of campus sexual violence is committed by a small group of repeat perpetrators who average around six (6) victims each. The average convicted sex offender has already averaged twelve (12) victims prior to intervention from the criminal system. Therefore, reporting is important to identify potential repeat perpetrators. While prosecution or disciplinary action may not always result, every report creates a record that improves campus and criminal system actions in the future. It may result in campuses engaging in better prevention education or removing the perpetrator when concerns are brought to light in the future. It may also result in stronger criminal investigations and prosecutions of perpetrators in the future.
While there are reasons to report, and reasons not to report, what matters most is a victim’s choice in how to proceed. Sexual violence causes trauma, and our society has historically failed to support survivors, therefore reporting is a challenging choice. SurvJustice encourages survivors to reach out and learn more to ensure they are making a fully informed decision about how they would like to proceed and be supported.
