In an age of growing awareness around campus sexual assault, Title IX stands as one of the most recognizable legal tools aimed at protecting students. Title IX of the Education Amendments of 1972 was designed to protect students from sex-based discrimination in federally funded educational institutions. Over the decades, it has become a critical tool in addressing sexual assault and harassment in schools, colleges and universities.
But while Title IX aims to guarantee safety and equity, many victims of sexual assault will find the law’s protections difficult to navigate in their pursuit of justice through the civil justice system. For some, the law that is supposed to protect them ends up shielding institutions from accountability instead.
A High Burden of Proof
Perhaps the most significant obstacle victims face under the new Title IX updates is the standard required to prove a school’s liability. To win a case, a victim must demonstrate that the school acted with “deliberate indifference” to known acts of sexual harassment or assault. This means not only must the school have been made aware of the misconduct, but it also must have failed to take appropriate and reasonable action in response.
In practice, this has made it difficult for many survivors to pursue justice, even when their experiences are deeply traumatic, and their academic lives severely disrupted. It is far more difficult to prove a school knowingly ignored danger than to show they failed to take preventive steps. The higher burden of proof creates an uneven playing field for survivors seeking compensation or long-term justice.
States and municipalities also have varying laws protecting school districts. This means the rules can differ from school to school. This makes it important to choose a law firm with deep experience in pursuing cases involving school districts, like Isenberg & Hewitt. An experienced firm will know which cases are viable under Title IX and those that are not.
The Limited Scope of Title IX Protections
Another major limitation lies in the scope of Title IX’s protections. The law applies to conduct that occurs within a school’s “educational programs or activities,” which typically means incidents that happen on campus or during school-related events. However, many instances of sexual assault occur off-campus at locations unrelated to official school activities.
In such cases, Title IX may not apply, even if the people involved are students or staff and the school knew about the off-campus assault. Imagine a college student assaulted by a university-employed tutor at an off-campus apartment. She reports the incident, but the university declines to investigate because it happened off school grounds. This incident doesn’t fall under Title IX protections, as written.
This gap in coverage can be especially troubling at colleges and universities, where a significant portion of student life takes place off campus. As a result, survivors may feel unsupported and vulnerable, with limited options for justice or protection.
Lack of a Specific Statute of Limitations
Title IX does not have a specific federal statute of limitations, meaning the maximum span of time for filing a claim can vary based on the location of the violation and applicable state law. This uncertainty can create confusion and inconsistency for survivors seeking justice, as they may not know how long they have to come forward. Furthermore, the filing timeline may also be influenced by school grievance procedures, state laws or federal agency deadlines. The lack of uniformity can discourage reporting.
There’s no question that Title IX has made significant strides in protecting students from sex discrimination and creating safer learning environments. But its high burden of proof, limited scope and uncertain timelines can leave victims of sexual assault and harassment without the accountability they seek. The legal precedent shows a history of putting the possible disruption of the students’ education as a higher priority than their safety.
For many, it’s not that Title IX doesn’t work, but more that it limits victims’ ability to receive the justice they deserve, and the compensation needed to move forward with their lives. As conversations around campus safety continue to evolve, so too must our understanding of where the law succeeds and where it falls short.
If you have been assaulted on school property, Title IX protections may help you get the justice you deserve. Don’t hesitate to call Isenberg & Hewitt to discuss your case.