Joanna Szabo  |  March 25, 2022

Category: Legal News

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Laws are in place to try to protect students from sexual assault in schools.

Sexual assault is a prevalent issue in the United States and across the globe, occurring in workplaces, clubs, religious organizations, and even in schools. Sexual abuse in schools is a serious concern, with thousands of incidents reported each year in a place where children should be able to feel safe.

Over the years, various changes have been made to introduce and update sexual assault laws affecting America’s school system, and victims of sexual assault in schools have some protection at both the federal and state level.

Sexual Assault in Schools Statistics

How prevalent is this issue? Unfortunately, recent statistics of sexual assault in schools show that it continues to be a widespread problem.

In the 2017–18 school year, nearly 15,000 incidents of sexual violence were reported to the Department of Education (DOE), per new federal civil rights data released by the DOE in October. The 14,938 reported incidents of sexual violence represent a substantial increase of 55% when compared with the 2015–16 school year. (The DOE conducts its Civil Rights Data Collection survey every other year, which includes collecting statistics on sexual assault in schools.)

Of these incidents, more than 14,100 were classified specifically as sexual assault. There were also 780 reported rapes or attempted rapes — nearly twice as many as during the 2015–2016 school year.

These statistics represent the number of documented allegations, not confirmed incidents, the DOE noted. And while the increase is substantial when compared with the 2018 report, there may have been underreporting in the previous survey, “an increased sensitivity to this issue” in the new survey period, “or an actual increase in incidents of sexual violence,” or some combination of these factors, according to the DOE.

Indeed, this increase in reporting is at least partially attributable to the rise of the #MeToo movement, which has brought about an increased awareness around sexual assault.

However, some advocacy groups still believe that sexual assault in schools continues to be under-reported, noting that some school officials lack either the training or the willingness to distinguish reports of sexual violence from reports of general bullying or harassment.

A “vast majority” of public schools receiving federal funding, and colleges and universities with federal financial aid programs, which are required to report this information, “do not disclose any reported incidents,” according to the American Association of University Women (AAUW).

Numerous studies have shown how common rape is on college and university campuses, yet a whopping 89% of colleges reported zero incidents of rape in 2016. Additionally, 79% of public schools with grades 7–12 disclosed zero reported allegations of sex-based harassment or bullying that year.

“Contributing factors can include: individual student fears of reporting to school authorities or law enforcement; procedural gaps in how institutions record or respond to incidents; a reluctance on the part of institutions to be associated with these programs; or a combination of factors,” the AAUW notes. “Regardless of the reasons, educational institutions have a legal responsibility to accurately monitor, disclose, and respond to sexual harassment and assault.”

Laws are in place to try to protect students from sexual assault in schools.Federal Sexual Assault Laws: Title IX

At the federal level, Title IX serves to protect students who have been sexually assaulted, and allows survivors to file lawsuits if schools fail to provide that protection.

Title IX’s basic tenet is this: “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.” The relevant section for sexual assault survivors is the “subjected to discrimination” on the basis of sex, which includes sexual harassment, rape, and sexual assault.

Title IX obligates schools to stop sex discrimination and address its effects. Schools are required to have policies in place to prohibit sex discrimination, including sexual assault, as well as have adequate grievance procedures established for when sexual assaults occur. Having a grievance protocol protects both survivors and the accused.

New Changes to Title IX Sexual Assault Laws

Title IX has seen some changes under the Trump Administration’s Secretary of Education, Betsy DeVos. The Department of Education finalized proposed changes to Title IX regulations, first published in November 2018. Colleges and universities have been required to comply with the new regulations since Aug. 14, 2020.

DeVos’s new regulations require colleges to provide live hearings, as well as to allow students’ advisers to cross-examine parties and witnesses involved in the incidents. Survivors and victims’ advocates have argued that these new standards would re-traumatize victims, and prevent victims from coming forward to report sexual assault. Without submitting to cross-examination, a survivor’s testimony could not be used as evidence, per a summary of the new regulations.

An Obama Administration guidance stated that school officials should use a “preponderance of the evidence” standard to determine guilt in sexual misconduct complaints. The new regulations will allow Title IX officials to use either a preponderance of evidence standard or a “clear and convincing” standard, which sets a higher burden of proof.

Other Laws Relevant to Sexual Assault in Schools

In addition to Title IX, several other sexual assault laws help protect victims of sexual assault in schools, notes RAINN (Rape, Abuse & Incest National Network).

These sexual assault laws include the Clery Act, which requires “greater transparency and timely warnings from colleges and universities about crimes that are committed on campus, including crimes of sexual violence,” RAINN says.

The Campus SaVE Act amends the Clery Act, increasing transparency requirements for colleges, as well as guaranteeing victims’ rights, establishes disciplinary proceedings, and requires education programs.

The Debbie Smith Act and the SAFER Act both address the use of DNA evidence to bring perpetrators to justice, and the Victims of Crime Act helps victims deal with the financial costs of surviving sexual assault and other crimes, including things like medical bills, counseling services, and lost wages.

Of course, more than just laws are necessary to protect children from sexual abuse in schools. Adults working with children must also be aware of signs of sexual abuse in their students, and to know what steps to take in the event they do recognize signs of abuse.

Filing a Lawsuit Over Sexual Assault in Schools

A growing number of young people are coming forward with school sexual assault allegations, filed against their schools as well as the perpetrators.

If you or a loved one has been a victim of sexual assault at school, you may want to hire an experienced attorney to review your case and determine whether you qualify to open an investigation or lawsuit into your school or school district.

Filing a lawsuit can be a daunting prospect, especially over something as serious as sexual abuse, so Top Class Actions has laid the groundwork by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

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