Some things seem like such common sense that they don't need to be legislated: students should feel safe at school; schools should do everything they can to protect their students; rape shouldn't ever be treated as okay by school administration, or ignored for the sake of institutional convenience.
However, this often isn't how allegations of sexual assault play out on the high school and collegiate level. Last year, Yale was cited by the Department of Education for underreporting sexual assault. A high school cheerleader was kicked off of the squad for refusing to cheer for her rapist. And, in 2010, a high school retaliated against a student, "Faith", who reported her sexual assault to the school, by sending her to a disciplinary program. These stories are troubling enough. But when 1 in 5 women are sexually assaulted while at college, they become just a small part of a disturbing trend.
These reasons, among a multitude of others, remind us why we need Title IX.
Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in any education program or activity that receives federal funding. Under Title IX, discrimination on the basis of sex can include sexual harassment, rape, and sexual assault. Today is Title IX's fortieth anniversary, and the ACLU is still using it as a powerful tool for students who want to combat sexual violence at school.
The ACLU filed a complaint in 2011 on behalf of Faith, and last week the Office for Civil Rights of the U.S. Department of Education issued a decision. They ruled that Faith's school violated Title IX by failing to independently investigate her assault once reported, as well as retaliating against her with disciplinary actions.
Now, the school district has to carry out 13 action items to make sure what happened to Faith doesn't happen again. Although we’re not done yet, we've made a lot of progress as a country in terms of protecting victims and de-stigmatizing sexual assault. The ruling in Faith's case shows us that, despite the strides still remaining, our government is willing to use Title IX to protect a student's basic right to feel safe.
To learn your rights concerning Title IX and sexual assault, click here.
Caitlin Lowell is a summer intern for the ACLU of Maine. She is a rising sophomore at Columbia who is pursuing a double major in political science and American studies.
