LEGAL GUIDE
Written by attorney Donald A Pumphrey Jr. | Nov 28, 2017

Why Do Universities Investigate Sexual Assault?

Accusations and Investigations into Sexual Assault are handled by Colleges and Universities according to something called Title IX.[1] Title IX mandates require all individuals to receive equal access to higher education, regardless of gender.[2] This requires public institutions to adequately address instances of sexual harassment or assault, in order to guarantee the alleged victims are allowed full access to their education.[3] Title IX protections – generally speaking – are a wonderful addition to our higher education, they protect sports, to make sure men and women receive equal funding, and prevent discrimination against either gender. In the context of sexual harassment and assault, they make sure victims are able to participate in their education without being hindered by wrongdoers.

Additional resources provided by the author

[1] Patsy Mink Equal Opportunity in Education Act, 20 U.S.C. §§ 1681 – 1688. [2] Id. at § 1681(a) (“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”). [3] Oғғɪᴄᴇ ᴏғ ᴛʜᴇ Assɪsᴛᴀɴᴛ Sᴇᴄʀᴇᴛᴀʀʏ, Dear Colleague Letter (Apr. 4, 2011), https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.html (“Sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX. In order to assist recipients, which include school districts, colleges, and universities (hereinafter “schools” or “recipients”) in meeting these obligations, this letter1 explains that the requirements of Title IX pertaining to sexual harassment also cover sexual violence, and lays out the specific Title IX requirements applicable to sexual violence.2 Sexual violence, as that term is used in this letter, refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol.”) [4] Ashe Schow, What to do If You’re Falsely Accused of Campus Sexual Assault, Wᴀsʜɪɴɢᴛᴏɴ Exᴀᴍɪɴᴇʀ, Feb. 19, 2016, http://www.washingtonexaminer.com/what-to-do-if-youre-falsely-accused-of-campus-sexual-assault/article/2583661. [5] Id.

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