What Are My Rights? A Guide for Title IX Survivors of Campus Adjudication Procedures

By Lauren S. Miller | May 10th, 2017

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Every federally funded university must comply with the Office of Civil Rights and Title IX. Under Title IX, your university must issue a policy against sexual assault, adopt and publicize grievance procedures, and have a designated Title IX coordinator to assist you and investigate your complaint.

REPORTING RIGHTS

  • You have the right to report your claim to the Title IX coordinator.
  • The university has an obligation to provide you with options for formal and informal measures that can be taken.
  • If you ask for your complaint to not be pursued or request confidentiality, your school must take all reasonable investigative steps to respond to the complaint consistent with your confidentiality requests.
  • You have the right to be provided accommodations by your university under Title IX.
  • The university must clearly identify where you can obtain confidential support services such as advocacy and counseling.
  • You have the right to be protected against retaliation from your school, assailant, or others for reporting sexual misconduct.
  • You have the right to file a formal complaint with the U.S. Department of Education’s Office for Civil Rights (OCR).

INVESTIGATION RIGHTS

  • The university must conduct a prompt, impartial, and thorough investigation and must take appropriate steps to resolve the situation regardless of whether a formal complaint is made.
  • The university must take reasonable, prompt, and effective action to end the harassment and prevent it from happening again to you or others.
  • You have the right to necessary interim protective measures during the investigation process.
  • You have the right to sources of counseling, advocacy, and support.
  • You have the right to review your assailant’s statement after you make a claim.
  • You have the right to have an advocate or support person attend hearings with you.
  • You have the right to be promptly notified of the outcome of the university’s investigation and of any punishments imposed that directly relate to you such as a no-contact order.
  • You have the unequivocal right to appeal your case.

Your university must properly investigate and resolve any allegations of sexual assault. Appropriate steps taken by the university should be tailored to the specific nature and circumstances of your case. However, every school is different and has great discretion in its procedures. It is important that you review your school’s Title IX policies and procedures, which you can obtain from your school’s website or Title IX office, so you fully understand your school’s Title IX process and their responsibility to you.

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