Title IX Sexual Assault Victim Attorneys

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Standing up for victims of unlawful sexual assault or harassment under Title IX nationwide

Title IX of the Education Amendments of 1972 prohibits unlawful sexual harassment against students or employees in educational institutions or programs that receive federal funding. In 2011, the Department of Education clarified that the prohibition on sexual harassment also extends to sexual violence and assault. Overall, you have the legal right to an educational environment from sexual assault and harassment.

If you have been the victim of sexual assault or harassment you should schedule a confidential, no-cost consultation with the highly experienced Title IX and Conduct Code lawyers at Nesenoff & Miltenberg, LLP by calling 212-736-4500 today. Our school harassment attorneys are here to help.

What constitutes sexual violence?

Sexual violence can take the form of many acts; including attempted or completed rape, sexual assault, sexual coercion, and sexual battery. These acts take place under the following circumstances:

• The act occurs against the victim’s will
• The victim is unable to give consent due to use of alcohol or drugs
• The victim is unable to give consent due to a physical, mental, or intellectual disability

In addition to sexual violence, unlawful sexual harassment includes stalking, verbal or physical threats based on sexuality, exhibitionism, voyeurism, and intimate partner violence.

Requirements for schools if sexual assault occurs

The Clery Act requires educational institutions to keep track of and report crime statistics to students and employees, including sexual assault and related offenses. In addition, if a school learns of any sexual harassment or violence, Title IX requires the institution to take certain action to protect you and other students from such unlawful acts in the future. The school must enact necessary measures to eliminate the behavior, to remedy the harm caused to students, and to prevent future recurrence of the harm.

If you do suffer harm due to sexual assault or harassment, the school is required to take immediate steps to ensure that you can safely continue your education free from future harm. Such steps may include:

• Directives for no contact between you and the offending party
• Any necessary changes to your housing or employment arrangements, class schedules, clubs, or extracurricular activities
• Take measures to ensure you are free from any retaliatory behavior for reporting the harm
• Inform you of confidential support services available to you
• Providing academic support or exceptions if your coursework was jeopardized due to the harm
• Changes regarding the accused if appropriate

Schools are expected to provide the above for you before, during, and after a hearing. A school further must allow you the right to a formal hearing, and institutions are discouraged from allowing the accused to question you directly. Moreover, mediation is not permitted in sexual assault cases.

Legal rights of student victims

If your school fails to comply with the above requirements or takes retaliatory action against you for reporting the sexual assault, you have legal rights and options. You may file a complaint with the Department of Education to initiate an investigation into the practices and policies of your institution. You may also discuss your case with our experienced school harassment attorneys who can file a legal claim against your school to obtain the remedies you deserve.

Discuss your situation with a compassionate Title IX sexual assault lawyer today

If you have been the victim of unlawful sexual assault or harassment in an educational program, you may be fearful of retaliation and may not know where to turn. Fortunately, you have rights under the law and our Title IX attorneys can inform you of your options and guide you through the legal process.  The highly experienced Title IX and Conduct Code lawyers at Nesenoff & Miltenberg, LLP are passionate about student rights against sexual assault and harassment and will skillfully assist in any action you bring.  Call our school harassment attorneys today for a confidential consultation at 212-736-4500.