FAQs
What options do survivors have after campus sexual violence?
At the Campus Level
Pursuant to Title IX, which is a federal law, no educational institution or agency in receipt of federal funding can discriminate on the basis of sex. This includes pre-schools, K-12 schools, colleges and universities, vocational schools and programs, professional schools, and many other types of institutions or agencies. Discrimination on the basis of sex includes sexual harassment, which has been defined to mean a variety of things but includes sexual violence, dating violence, and similar types of abuse.
Title IX requires schools that know or should know about sexual misconduct to stop the misconduct, prevent its occurrence, and remedy its effects. Remedies include disciplinary actions such as investigations, hearings, and/or sanctions. However, remedies also includes providing accommodations to ensure that victims can continue to access educational programs and opportunities. Some examples of accommodations that may be available are a change in classes for the parties, the issuance of a No Contact Order against the accused, free counseling, assistance in classes, etc. Students do not have to pursue disciplinary proceedings in order to request accommodations.
The Clery Act is another federal law that provides protections in higher education settings in the case of schools 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 focuses on a variety of crimes but, with regard to the type of issue that SurvJustice focuses on, the most relevant provisions are about sexual assault, dating and domestic violence, and stalking.
Under the Clery Act, institutions of higher education must collect data on reports of sexual assault, dating and domestic violence, and stalking. This data must be kept in a daily crime log and contained in the school's Annual Clery Act Report that comes out each year and includes three years of data. However, this data must not include personal identifying information of victims or perpetrators. Beyond this data, pursuant to the Clery Act, institutions may also have to issue timely warnings if a report suggests that there is an ongoing threat to the campus community.
Importantly, the Clery Act also contains rights for victims with regard to reports of sexual assault, dating and domestic violence, and stalking. For example, it requires schools to provide victims with written information about their rights and options. It also requires that schools provide victims with reasonable accommodations. In addition, it dictates various requirements for the disciplinary process, such as that it must be prompt, fair, and impartial, as well as conducted by officials who receive annual training. You can learn more about these requirements by looking up the Clery Act statute and regulations.
At the Civil Level
Through civil courts, victims can obtain what are often referred to as restraining or protective orders against those who have committed criminal conduct. Many states have local advocacy organizations that can assist survivors in seeking such protective orders. Alternatively, some local attorneys will assist on a pro bono (free) basis upon inquiry. Protective orders can be enforced by local law enforcement, educational institutions, and civil courts; therefore, victims should provide copies to such entities immediately upon receiving an order.
Victims may be able to bring civil lawsuits against the perpetrator(s) based on a variety of laws. Victims may also be able to bring civil lawsuits against the institution(s) that were obligated to respond properly to the reported sexual or dating violence based on a variety of laws, one of which is Title IX. An attorney can assess the viability of such claims and advise about whether civil options might be available. These legal services may be offered on a contingency fee basis, meaning that the victim will pay little or no legal fees in bringing the claim as the attorney will instead seek a percentage of the amount that results from any settlement, verdict, or other type of award.
At the Criminal Level
Under state laws, many types of sexual and dating violence are classified as either felonies or misdemeanors. Therefore, victims of campus sexual violence or dating violence may choose to report to law enforcement. If you do decide to report, you can note that 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). However, we understand that many survivors understandably do not report to the police for a variety of reasons, and we respect any choice that is made.
Pursuant to Title IX, which is a federal law, no educational institution or agency in receipt of federal funding can discriminate on the basis of sex. This includes pre-schools, K-12 schools, colleges and universities, vocational schools and programs, professional schools, and many other types of institutions or agencies. Discrimination on the basis of sex includes sexual harassment, which has been defined to mean a variety of things but includes sexual violence, dating violence, and similar types of abuse.
Title IX requires schools that know or should know about sexual misconduct to stop the misconduct, prevent its occurrence, and remedy its effects. Remedies include disciplinary actions such as investigations, hearings, and/or sanctions. However, remedies also includes providing accommodations to ensure that victims can continue to access educational programs and opportunities. Some examples of accommodations that may be available are a change in classes for the parties, the issuance of a No Contact Order against the accused, free counseling, assistance in classes, etc. Students do not have to pursue disciplinary proceedings in order to request accommodations.
The Clery Act is another federal law that provides protections in higher education settings in the case of schools 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 focuses on a variety of crimes but, with regard to the type of issue that SurvJustice focuses on, the most relevant provisions are about sexual assault, dating and domestic violence, and stalking.
Under the Clery Act, institutions of higher education must collect data on reports of sexual assault, dating and domestic violence, and stalking. This data must be kept in a daily crime log and contained in the school's Annual Clery Act Report that comes out each year and includes three years of data. However, this data must not include personal identifying information of victims or perpetrators. Beyond this data, pursuant to the Clery Act, institutions may also have to issue timely warnings if a report suggests that there is an ongoing threat to the campus community.
Importantly, the Clery Act also contains rights for victims with regard to reports of sexual assault, dating and domestic violence, and stalking. For example, it requires schools to provide victims with written information about their rights and options. It also requires that schools provide victims with reasonable accommodations. In addition, it dictates various requirements for the disciplinary process, such as that it must be prompt, fair, and impartial, as well as conducted by officials who receive annual training. You can learn more about these requirements by looking up the Clery Act statute and regulations.
At the Civil Level
Through civil courts, victims can obtain what are often referred to as restraining or protective orders against those who have committed criminal conduct. Many states have local advocacy organizations that can assist survivors in seeking such protective orders. Alternatively, some local attorneys will assist on a pro bono (free) basis upon inquiry. Protective orders can be enforced by local law enforcement, educational institutions, and civil courts; therefore, victims should provide copies to such entities immediately upon receiving an order.
Victims may be able to bring civil lawsuits against the perpetrator(s) based on a variety of laws. Victims may also be able to bring civil lawsuits against the institution(s) that were obligated to respond properly to the reported sexual or dating violence based on a variety of laws, one of which is Title IX. An attorney can assess the viability of such claims and advise about whether civil options might be available. These legal services may be offered on a contingency fee basis, meaning that the victim will pay little or no legal fees in bringing the claim as the attorney will instead seek a percentage of the amount that results from any settlement, verdict, or other type of award.
At the Criminal Level
Under state laws, many types of sexual and dating violence are classified as either felonies or misdemeanors. Therefore, victims of campus sexual violence or dating violence may choose to report to law enforcement. If you do decide to report, you can note that 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). However, we understand that many survivors understandably do not report to the police for a variety of reasons, and we respect any choice that is made.
Why do schools have to respond to campus sexual violence, rather than police?
Both Title IX and the Clery Act require educational institutions in receipt of federal funding to address reports of sexual violence independently of any criminal process. While an incident of sexual violence may also constitute a crime, at the same time, it is a form of misconduct that institutions must internally address because it could violate their policy prohibiting sexual harassment (which includes sexual violence). Under the Clery Act, victims have the right to decline to report to law enforcement, meaning that institutions may not require victims to report to the police in order to address an incident themselves.
Campus processes offer more immediate support and a greater variety of remedies for victims to ensure they can continue accessing educational opportunities and benefits. For example, police cannot obtain an extension on a paper for a victim, but a school would be able to grant this type of accommodation. The main difference is that campuses can address misconduct through different sanctions, including probation, suspension, exclusion, etc. In comparison, the criminal system can impose more severe penalties such as imprisonment, criminal fines, etc.
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Campus processes offer more immediate support and a greater variety of remedies for victims to ensure they can continue accessing educational opportunities and benefits. For example, police cannot obtain an extension on a paper for a victim, but a school would be able to grant this type of accommodation. The main difference is that campuses can address misconduct through different sanctions, including probation, suspension, exclusion, etc. In comparison, the criminal system can impose more severe penalties such as imprisonment, criminal fines, etc.
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Why should a survivor or third party report campus sexual violence?
It is up to each survivor whether or not to report their experience of sexual violence. Research has found that sexual violence is the most underreported crime. Some reasons for this low rate of reporting include fear of retaliation, fear of not being believed, concern that there is insufficient evidence, concern that what happened is not serious enough to report, fear of social stigma, and many more. These reasons are a result of our society's tendency to shame victims and our criminal system's historic failure to properly address sexual violence.
Many victims want to report in order to ensure that the perpetrator does not continue to harm others. Research has found that a high percentage of campus sexual violence is committed by a small group of repeat perpetrators, who average around six victims each. The average convicted sex offender has already averaged twelve victims prior to intervention from the criminal system. Therefore, reporting can help to identify potential repeat perpetrators and hold them accountable. It is true that pursuing a criminal report or disciplinary action may not always result in the outcome the survivor wants and deserves; however, every report creates a record, thereby increasing the likelihood that the individual will be held accountable in the future. Furthermore, each person who reports makes an important step in forcing schools and the criminal system to face the reality of how prevalent sexual violence is in our society.
While there are reasons to report and reasons not to report, what matters most is a survivor's choice. Sexual violence causes severe trauma, and because our society and its systems have historically failed to support survivors, reporting is extremely challenging. SurvJustice encourages survivors to reach out and learn more to ensure that they know their options and can make a fully informed decision about how they want to proceed. Ultimately, we will understand and respect whatever choice you make. We know that an important part of regaining the control that perpetrators rob survivors of involves getting to decide on your own how you want to proceed after the trauma.
Many victims want to report in order to ensure that the perpetrator does not continue to harm others. Research has found that a high percentage of campus sexual violence is committed by a small group of repeat perpetrators, who average around six victims each. The average convicted sex offender has already averaged twelve victims prior to intervention from the criminal system. Therefore, reporting can help to identify potential repeat perpetrators and hold them accountable. It is true that pursuing a criminal report or disciplinary action may not always result in the outcome the survivor wants and deserves; however, every report creates a record, thereby increasing the likelihood that the individual will be held accountable in the future. Furthermore, each person who reports makes an important step in forcing schools and the criminal system to face the reality of how prevalent sexual violence is in our society.
While there are reasons to report and reasons not to report, what matters most is a survivor's choice. Sexual violence causes severe trauma, and because our society and its systems have historically failed to support survivors, reporting is extremely challenging. SurvJustice encourages survivors to reach out and learn more to ensure that they know their options and can make a fully informed decision about how they want to proceed. Ultimately, we will understand and respect whatever choice you make. We know that an important part of regaining the control that perpetrators rob survivors of involves getting to decide on your own how you want to proceed after the trauma.
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: