Two students who are in the process of suing Santa Clara University over sexual assault say that recent changes to Title IX protections put other victims of sexual assault and harassment at risk, discouraging them from speaking out.

Title IX refers to Title IX of the Education Amendments Act of 1972, and has been central in protecting students from discrimination.

The full text reads: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

However, Education Secretary Betsy DeVos has introduced new changes to Title IX. Firstly, these rules narrowed the definition of what is considered sexual misconduct on campuses. This means that while schools will be required to investigate allegations in any formal complaint, they will have to dismiss any allegations of conduct that do not fit within the narrowed scope of sexual harassment, according to CNN.

These changes also provide additional protections for those accused of campus sexual harassment and assault, upending an Obama-era guidance. These new provisions under Title IX allow the accused to question evidence and cross-examine their accusers, CNN reports.

In the cases of the two women currently suing Santa Clara University over sexual assault, these incidents occurred prior to the Title IX changes.

Sexual Assault Lawsuits

The first woman alleged that during an event with a member of the Sigma Chi fraternity, her date undressed her and had sex with her as she lay there in fear, frozen and not giving consent. In a meeting between the woman, the accused student, and one of his fraternity brothers, the lawsuit claims, the accused “admitted that he never had consent but that he thought that was the direction things were going that night,” and that he “showed no emotion or remorse and did not apologize.”

A Title IX investigation into her claims concluded they were unsubstantiated, and while there was a no-contact order, it was not actively enforced, the plaintiff claimed.

The second plaintiff involved in this lawsuit said that prior to a party thrown by a group affiliated with the university, she drank alcohol with several female friends and a man who was with them. The lawsuit alleges that she blacked out soon after arriving at the party.

While her friends tried to get her back to her room, she says, the man who was with them brought her to his dorm room and had sex with her while she was unconscious. Despite a sexual-assault medical exam that confirmed vaginal abrasions and bruising on her body, as well as a statement to the Santa Clara police, the school enforced the subsequent no-contact order by dropping her, rather than the accused, from a class they both shared.

The Title IX investigation into that case concluded that the sex that night was non-consensual, and that there was a “preponderance of evidence” that she was incapacitated and “incapable of giving consent.” However, the lawsuit said, “the Board did not find that the incident constituted a sexual harassment violation.”

The plaintiffs suing Santa Clara University have criticized these changes, concerned that student survivors of sexual harassment or assault will not feel protected enough to come forward. And while schools have a responsibility for their students, their hands may also be tied.

“With these policy changes in place, there’s no point” in coming forward, the first plaintiff said. “From a victim’s standpoint, there is no point in going through the emotional trauma of coming forward and trying to seek justice for yourself. You’re already starting at a disadvantage.”

“This was and continues to be a demoralizing experience,” the second plaintiff said. “Even when we had the strength and ability and resources to do this, it breaks you. I can’t even imagine what it will be like now.”

If you are a survivor of sexual assault, you are not alone. There are resources to help you, such as through the Rape, Abuse & Incest National Network (RAINN), which operates the National Sexual Assault Hotline.

You may also be able to file a lawsuit and pursue compensation.

This article is not legal advice. It is presented
for informational purposes only.