Sexual Assault and Schools
If you (or your child) have been sexually assaulted at school, there are laws that can help protect you. One of the most important laws is called Title IX (Title Nine).
Title IX says that schools that get federal funding cannot discriminate based on sex. This includes almost all elementary schools, high schools, and colleges. Title IX says that sexual harassment and sexual violence are types of discrimination. A Title IX complaint can help protect you if you have experienced sexual harassment or violence at school.
When can I file a Title IX complaint?
If you have experienced sexual harassment or sexual violence connected to your education, you may be able to file a Title IX complaint. Sexual harassment is any unwelcome sexual attention. It can be verbal, nonverbal, or physical. Sexual violence is a kind of sexual harassment.
Sexual harassment at school can create a “hostile environment.” A hostile environment is when harassment keeps you from:
- participating in your education, or
- benefiting from your education
Even just one instance of sexual harassment can be enough to create a hostile environment.
Sexual harassment does not have to happen in a school building to fall under Title IX.
For example, Title IX protects students during:
- after school activities
- field trips
- school bus rides
Sometimes schools have a responsibility to respond to student-on-student harassment outside of school activities.
If you have experienced sexual harassment (including sexual violence) that is negatively impacting your education, you can reach out to local services. You can contact your local sexual assault resource agency or the Maine Coalition Against Sexual Assault (MECASA) by calling the Statewide Sexual Assault Crisis and Support line at 1-800-871-7741 or online at the MECASA website.
All Sexual Assault agencies in Maine have access to legal services and can refer you to legal help.
What does Title IX require my school to do?
All schools must have a written policy saying they do not discriminate based on sex. This policy must be distributed and available to read (often online).
Schools must also have a designated staff member who is in charge of making sure the school follows this law. Schools must tell students and staff how to contact this person (often online). They are responsible for overseeing all complaints and looking out for patterns of harassment. Students with questions about Title IX and sexual harassment at school must be allowed to contact this staff member or the Office for Civil Rights at the U.S. Department of Education.
If the school knows or reasonably should know that sexual harassment is happening, they must go through an investigation process. This process must be timely and fair. There are legal requirements allowing victims to have a voice in this process.
If you are worried about the way your school has responded (or failed to respond) to your concerns, reach out to local sexual assault resource agency or the Maine Coalition Against Sexual Assault (MECASA). You can reach them by calling the Statewide Sexual Assault Crisis and Support line at 1-800-871-7741 or the MECASA website.
All Sexual Assault agencies in Maine have access to legal services and can refer you to legal help.
You may also reach out to Kids Legal, our project protecting the rights of children and youth in Maine.
What should I do if I want to pursue a Title IX complaint?
If you need to bring an incident or problem to the attention of your school, it is important to document it in writing. Even if you have talked to a school official (like the principal or the Title IX coordinator), you should also send a written letter to them explaining your complaint. Make sure to save a copy of any letters you send. By writing a letter explaining your situation, you can make sure that the school knows about the sexual harassment or violence.
If you want to pursue a Title IX complaint against your school and you need legal help, MECASA may be able to refer you to resources such as Pine Tree Legal Assistance.
September 2017