Title IX: Sexual Harrassment and Assault

Sexual harassment and assault harm students in many ways, including their ability to succeed
academically. Supreme Court rulings have established that sexual harassment and assault of students violates Title IX. Despite the protection of the law and greater attention to this problem in recent years, sexual and gender-based harassment remain pervasive in K–12 schools and on college campuses. Title IX requires schools to eliminate sexual harassment and sexual violence, prevent it recurrence, and address its effects on campus.

Sexual harassment is defined as unwelcome sexual conduct. This may include unwelcome sexual advances, requests for sexual favors, name calling of a sexual nature, posting of inappropriate sexual images or messages, cyberbullying, spreading sexual rumors, or other verbal, nonverbal, or physical conduct of a sexual nature that may be threatening, humiliating or harmful. Sexual violence refers to physical sexual acts – including but not limited to rape – perpetrated against a person’s will or where a person is incapable of giving consent.

Title IX also prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not include conduct of a sexual nature. Title IX protection extends to all students in all of a school’s programs or activities, whether on school property, on a school bus, or at an off-site school event. Harassment may come from other students or from any school employee. 
Title IX covers all students regardless of sex or gender identity. While sexual harassment and assault disproportionately affect girls and women, boys and men also face this issue. One national study found that 40% of boys and 56% of girls in grades 7–12 experienced sexual harassment in school. On campus, more than 20% of women and 5% of men report experiencing rape or sexual assault. Lesbian, gay, bisexual, transgender, and queer or questioning (LGBTQ) students are particularly vulnerable. In addition to the impact on individual students, sexual harassment and assault create a hostile environment that undermines learning for all
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Students need to know their rights, and schools need to know their responsibilities. Title IX provides the mechanism through which students can file a complaint regarding sexual harassment or assault. Once a school knows of or reasonably should have known about sexual harassment or sexual assault, Title IX requires the school to promptly investigate the complaint and take steps to protect the students. Title IX also requires schools to make their disciplinary processes more transparent, to train and educate students as well as faculty and staff, and to update sexual assault policies.