Sexual assault in California schools and universities is not an uncommon problem. If your school receives federal funds, they are accountable for handling issues of sex discrimination, which includes sexual assault.
The process may feel overwhelming, but if you choose to come forward about your experience, the California sexual abuse attorneys with The Senators Firm are ready to help you understand and prepare for what may come next.
Title IX Protections for Sexual Assault Survivors in California
The US Department of Education (DOE) established Title IX of the Education Amendments of 1972, which prohibits discrimination based on sex, including sex-based harassment & sexual violence. If your school fails to appropriately investigate and take action, they could risk the loss of federal funding.
Identify Where to Make Your Report
The first step to filing a complaint is to identify your campus Title IX Office. You should be able to find this on your campus website or in your student handbook, where you should see a person designated as the Title IX coordinator. If you feel comfortable speaking with another staff member, they should all be trained on how to direct you to the Title IX office at your school.
Once you are able to speak with the office or coordinator, they can provide more information regarding the Title IX process. If you choose to make the report by email, or your campus does not offer a format to use, you can provide the general information about what happened, and it is important to identify whether the perpetrator is a student or faculty member. Lastly, it is advised to make sure you sign your name to the email.
Determine Whether You Want to Make a Formal or Informal Complaint
Typically, within a few days of submitting your complaint, you should hear from the coordinator to schedule a meeting. This meeting should be held during school hours in a private, safe space.
This is your opportunity to determine whether you want to proceed with a formal complaint and move through the process. This typically involves an investigation into what happened, including contacting and interviewing the perpetrator and any possible witnesses.
If you choose to file an informal complaint, you are not required to name the person who harassed or assaulted you if you don’t want to. If you do choose to name the individual, this is a good way to ensure there is documentation of what happened, and it can help other survivors in the future if the school receives additional complaints.
Know Your Rights in a Title IX Complaint
There are several things you can expect from the process, many of which you are entitled to. For example, you have the right to have an advisor accompany you through the process. This person may be a lawyer or legal advocate, but does not have to be.
Additionally, the Title IX coordinator should speak with you about safety or supportive options. These often include no-contact orders, which essentially serve as a campus-based restraining order that prohibits contact through phone, e-mail, social media, or in person. It may also include a requirement that you cannot be in the same space. These are typically meant as a temporary measure during the investigation.
You may also have access to academic support that may provide extensions on assignments or absences from class. Additionally, you may also receive housing accommodations to prevent encounters in the dorms or housing. If you have questions or concerns about how your school is handling your assault, you may want to speak with an attorney.