Yes. Title IX protects students of any age from sexual harassment (including sexual violence and sexual abuse) carried out by school employees. Sexual harassment by school employees can include unwelcome sexual advances; requests for sexual favors; and other verbal, nonverbal, or physical conduct of a sexual nature. In some circumstances, nonsexual conduct may rise to the level of sexual harassment. For example, a teacher repeatedly hugging and putting his or her arms around students under inappropriate circumstances could create a hostile environment. These guidelines also protect students from anyone contracted by the school to provide opportunities to students as part of the school’s program, such as mentors or coaches.
Title IX requires schools to provide student survivors reasonable accommodations (like free counseling services or class changes) needed to stay in school and enjoy equal access to educational opportunities. Schools must provide these reasonable accommodations regardless of a survivor’s decision to undergo a school investigation or the status of that investigation, but the breadth of those accommodations may be limited if a survivor declines to pursue an investigation.
For some kinds of accommodations, the victim is not required to go through a school investigation. For example, the school should provide medical, counseling and academic support services (like tutoring) whether or not the victim decides to pursue an investigation.
However, if the victim would like the school to take disciplinary action (like suspension, expulsion, or long-term class changes) against the perpetrator, the victim will need to consent to the school initiating a disciplinary investigation of the violence. The perpetrator will be confronted by a school official during this process, and it is unlikely that the victim will be able to remain anonymous from the perpetrator as a result.
If the perpetrator is found responsible through a disciplinary process, effective remedial action may include: disciplinary action (e.g., suspension) against the perpetrator, counseling for the perpetrator, and efforts to combat sexism and inequality in the broader school community, such as those listed above.
Even if the sexual harassment does not occur in the context of an education program, Title IX recognizes that students often experience the continuing effects of off-site sexual violence while at school. Therefore, the school should consider the impacts of off-site violence on a student’s education. Accommodations that the school might provide may include counseling, tutoring, or arranging time off.
The appropriate response for the school to take will differ depending on the level of control the school has over the alleged perpetrator. For example, if a student was sexually assaulted by an athlete or band member from a visiting school, the school may not be able to discipline the perpetrator. However, the school should investigate what happened, report the incident to the visiting school, and encourage the visiting school to take further preventative action. The victim’s school should also notify the victim of any right to file a complaint with the visiting school or local law enforcement, and may decide not to invite the visiting school back to campus.
Though a school’s ability to take direct action against a particular perpetrator may be limited, the school must still take steps to provide appropriate accommodations and, where appropriate, to the broader school population. This may include providing support services and clarifying its response to sexual violence to the school community.
Often, yes. Title IX requires schools to address a hostile educational environment even when the abuse occurs off campus, such as on the school bus, during a field trip or extracurricular activity, or online. If sexual harassment off campus or online has created a hostile environment, the school should intervene and address the harmful conduct. Read more here on cyberbullying and Title IX rights.
Yes. The school should provide — free of charge — the accommodations and services needed for the victim to stay in school.