1. How does Title IX apply to student on student sexual violence?
“Under Title IX, federally funded schools must ensure that students of all ages are not denied or limited in their ability to participate or benefit from the school’s educational programs or activities on the basis of sex. A school violates a student’s rights under Title IX regarding student on student sexual violence when the following conditions are met: (1) the alleged conduct is sufficiently serious to limit or deny a student’s ability to participate in or benefit from the school’s educational programs, i.e. creates a hostile environment; and (2) the school, upon notice, fails to take prompt and effective steps reasonably calculated to end the sexual violence, eliminate the hostile environment. prevent its recurrence, and, as appropriate remedy its effects.” DCL p.1, Questions and Answers on Title IX and Sexual Violence
2. Does Title IX cover employee-on-student sexual violence, such as sexual abuse of children?
Title IX protects students from other forms of 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, non-verbal, or physical conduct of a sexual nature, including but not limited to sexual activity.” DCL p.1, Questions and Answers on Title IX and Sexual Violence
A school’s responsibility may be greater than just the relevant Title IX legislation, faculty and staff should be aware of state and local laws governing mandatory reporting when working with minors.
3. Does Title IX protect all students from sexual violence?
“Title IX protects all students at recipient institutions from sex discrimination, including sexual violence. Any student can experience sexual violence: from elementary to professional school students; male and female students; straight, gay, lesbian, bisexual and transgender students; part-time and full-time students; students with and without disabilities; and students of different races and national origins.” DCL p.5, Questions and Answers on Title IX and Sexual Violence