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Category Archives: Title IX : Sexual Assault/Misconduct

Is the Definition of Sexual Assault Different Under Title IX than Under Criminal Law?

Being accused of sexual assault is a serious matter in any circumstances. However, students facing sexual assault allegations in a Title IX campus proceeding often assume the situation is not as serious as it would be if they had been charged with a crime by police. This is an incorrect assumption for many reasons, including …

The Importance of No-Contact Orders in the College Title IX Process

After someone makes a Title IX complaint of sexual assault or harassment at a college or university, a long process can ensue before the school resolves the matter—or even decides how to best go about resolving the matter. During this time, the school must take necessary interim measures to keep the students involved safe. One …

Does Title IX Apply if Both Parties Were Under the Influence of Alcohol?

Title IX of the Education Amendments of 1972 protects those who belong to certain education programs from discrimination based on sex, which includes both sexual harassment and sexual violence. Under the terms of Title IX, sexual encounters that take place without consent qualify as sexual assault. However, determining whether a party consented to sexual activity …

What to Do Immediately if Sexually Assaulted at an Educational Institution

After the trauma of a sexual assault, you may feel that there is something you should do, but you’re not sure what it is. The most important issue is to take care of yourself. Remove yourself from the situation as quickly as possible. Seek medical care. There are trained professionals you can reach out to …

What are Title IX Cross-Complaints?

Although not required by law to use their school’s grievance procedures before filing a Title IX complaint with the Department of Education’s Office for Civil Rights (OCR), many students, employees, and faculty choose to do so. It is important to note, however, that claimants who choose this route may also face cross-complaints issued by the …