If you are a California college student who was sexually assaulted on campus, your school is required to investigate your claim and take action. Failing to do so may be a violation of your Title IX civil rights, and you can:
- file a complaint with the Department of Education (DOE) and/or
- sue your college and college officials for injunctive relief and money damages.
It is not necessary that your rapist be found criminally or civilly liable for you to exercise your Title IX rights.
Below, our personal injury lawyers discuss the following frequently asked questions about Title 9 claims for sexual assaults on campus:
- What is Title IX?
- Does it apply to all colleges?
- What are my Title 9 rights?
- What is the complaint process?
- What is the statute of limitations?
- Do I have a claim?
- Can non-victims make a complaint?
- Should I sue?
- Can I remain anonymous?
- What are my damages?
- Additional Resources
If you have further questions after reading this article, we invite you to contact us at Shouse Law Group.
What is Title IX?
Title IX, or “Title 9,” refers to a section of the Civil Rights Act of 1964 that extends civil rights protections to secondary schools and universities on the basis of
- sexual orientation and
- gender identity.
This civil rights law has been instrumental in the advancement of women’s rights and helping female students combat dating violence on higher education campuses.1
Does it apply to all colleges?
Only California universities and colleges
- which accept federal funding or
- with students who accept federal financial aid
have to comply with Title IX regulations.
As a result, Title IX rules apply to most public and private educational institutions in the U.S., with some exceptions for certain programs, including some religious or military training or education.2
What are my Title 9 rights?
If you are a California college student reporting sexual assault or other sexual violence on campus, your school must inform you of your right to:
- notify law enforcement or
- go beyond any informal complaint process to file a formal complaint.
Colleges and universities are also required to conduct a prompt and impartial investigation of your sexual assault report. You must then be notified of:
- the outcome and
- any disciplinary actions taken.
What is the complaint process?
As a student, you can file a Title IX complaint electronically through the regional Department of Education, Office of Civil Rights (ORC) office where your college or university is located. It is not necessary you go through your school’s complaint process first.3
The OCR will then determine whether or not to open an investigation. If the OCR does investigate the complaint, the OCR may require the university to make changes to policies or practices; otherwise, you may decide to file a civil lawsuit in California.4
What is the statute of limitations?
A Title IX complaint must generally be filed within 180 days of the most recent incidence of
- assault,
- harassment, or
- discrimination.
However, that time limit can be extended in some cases for good cause.5
Meanwhile, you may have only six months to file a civil lawsuit against your California school depending on the case. Contact an attorney right away to discuss deadlines to sue.
Do I have a claim?
In most Title IX sexual assault complaints, your rights may have been violated where the university or school officials:
- were aware you were the victim of sexual misconduct; and
- acted with deliberate indifference in addressing sexual misconduct.
Examples of “deliberate indifference” in addressing sexual assault on a California campus could include:
- the school failing to provide academic and living accommodations for you;
- the school failing to enforce no-contact between the reported perpetrator and you;
- professors making disparaging comments about you; and/or
- the school failing to tell you about your rights to report the assault to police or failing to investigate your case in a timely manner.
Can non-victims make a complaint?
In some cases, yes.6 If your school fails to act after a rape report, then your school may have violated Title IX by creating a heightened risk of sexual assault by failing to take action for a known problem.7
Should I sue?
If your California college or university is properly responding to your reported assault, no further action on your part may be necessary. However, if your school fails to provide timely updates – or if the “investigation” keeps dragging on or is repeatedly delayed – a Title IX complaint or civil lawsuit gives you more power to see justice done.
Can I remain anonymous?
The OCR must keep your name and contact information confidential if you file a Title IX complaint (or if one is filed on your behalf). As for civil lawsuits in California, there are some situations where you can file a lawsuit anonymously depending on
- your age;
- risk of retaliation;
- risk of unfairness to the defendants;
- nature of the assault; and
- threat of social harm.
Note that under the 2020 new rules, any live hearings can take place virtually, and you and the defendant can be in separate rooms upon request.8
What are my damages?
Generally, the outcome of Title IX claims and civil lawsuits in California will include:
- monetary compensation;
- changes to college policies or procedures; and/or
- taking action against the perpetrator.9
Additional Resources
For additional information about California sexual assault laws and help for victims, refer to the following:
- Sexual Violence Resources – List by the California Attorney General of government agencies and other organizations providing information and support.
- California Coalition Against Sexual Assault (CALCASA) – Leading state advocacy group supporting victims and prevention. Key resource for education.
- California Victim Compensation Program – Provides financial assistance to victims of violent crime including sexual assault. State program.
- RAINN – National sexual assault hotline providing free, confidential support for survivors 24/7.
- Victims of Crime Resource Center – Provides information, assistance and referrals for victims of all types of crimes in California.
For cases involving grade, middle or high schools, we invite you to see our page on lawsuits against teachers and school districts in California. For cases involving campus physicians, see our page of lawsuits against doctors for sexual assault.
Legal References:
- Title IX of 20 U.S.C.A. Section 1681. See also, The United States Department of Justice, Overview of Title IX of the Education Amendments of 1972, 20 U.S.C.A. §1681 et seq. (“Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity.“). See also the Clery Act.
- Title IX of 20 U.S.C.A. Section 1681(a) (“…under any education program or activity receiving Federal financial assistance.”)
- U.S. Department of Education, Office for Civil Rights, Offices; Secretary DeVos Takes Historic Action to Strengthen Title IX Protections for All Students, U.S. Department of Education (May 6, 2020)
- How to File a Discrimination Complaint With the Office for Civil Rights, U.S. Department of Education, Office for Civil Rights. (“Prior to filing a complaint with OCR against an institution, a potential complainant may want to find out about the institution’s grievance process and use that process to have the complaint resolved. However, a complainant is not required by law to use the institutional grievance process before filing a complaint with OCR.”).
- Same. (“A complaint must be filed within 180 calendar days of the date of the alleged discrimination, unless the time for filing is extended by OCR for good cause shown under certain circumstances.”)
- Jane Does 1–10 v. Baylor Univ., Case No. 6:16-CV-173-RP (W.D. Tex. March 7, 2017)
- Franklin v. Gwinnett County Public Schools, 503 U.S. 60, 75 (1992).
- Secretary DeVos Takes Historic Action to Strengthen Title IX Protections for All Students, U.S. Department of Education (May 6, 2020); Erica L. Green, DeVos’s Rules Bolster Rights of Students Accused of Sexual Misconduct, New York Times (May 6, 2020). See also the definition of sexual harassment in workplaces.
- Gebser v. Lago Vista Independent School District, 524 US 274 (1998).