KNOW YOUR RIGHTS UNDER TITLE IX
Many thanks go to Dan Carter and all the folks at
Security on Campus, Inc for
their assistance and help. Security on Campus, Inc is a unique
501(c)(3) non-profit grass roots organization dedicated to safe campuses
for college and university students. It was co-founded in 1987 by Connie &
Howard Clery, following the murder of their daughter at Lehigh University.
Their mission is to:
|To educate prospective students, parents and the
campus community about the prevalence of crime on our nation's college
and university campuses.|
|To compassionately assist victims and their
families with guidance pertaining to laws, victims' organizations,
legal counsel and access to Security On Campus, Inc. files.|
|To foster security improvements through campus
|To provide effective procedures and programs to
reduce alcohol and drug abuse.|
Many people are not aware of Title IX, except for the
clause of equal funding for women's sports programs. The Security on
Campus, Inc website contains links and materials that are intended to help
educate victims, schools, and lawyers for both. An excellent summary of
Title IX, prepared by Holly Hogan, Legal Intern, has been posted to their
website, and is available by clicking on the title below.
Title IX Requires Colleges & Universities To Eliminate The Hostile
Environment Caused By Campus Sexual Assault
A Guide To Understanding What Is Expected Of
Colleges & Universities Under Federal Gender Equity Requirements When A
Sexual Assault Is Reported
This document contains many footnote links.
Though it is time consuming, it is recommended that you take the time to
review each link. Should you feel that your rights have been violated,
contact Mr. Carter for assistance with determining if an
OCR complaint is an option for you to pursue.
THE OFFICE OF CIVIL
RIGHTS IS CURRENTLY REVIEWING AN OCR COMPLAINT FOR ACTS OF NONCOMPLIANCE
COMMITTED BY THE UNIVERSITY OF VIRGINIA IN 2004.
If you attend UVA or are a graduate of UVA and believe that your Title IX
rights were violated, please contact this website. Your information is
important to the current investigation. You may keep your anonymity by
submitting the information as a "Jane/John Doe".
I received the e-mail shown below and have received
permission from Mr. Carter to post it on this site. This information
will benefit other survivors who may not yet be aware of the provisions of
Title IX and explains the help and resources provided by this organization.
|Dear UVA Parent-
The problems you and your daughter are facing are tragically not
uncommon. We, as an independent non-profit victim assistance agency,
deal with them day in and day out at colleges and universities
across the country. I applaud you for standing up for your
daughter's rights, and hope we can help! Working together we can
help right this injustice and others like it which you plan to
detail at http://www.uvavictimsofrape.com/.
There are resources and avenues you may not even be aware of yet.
Chief among them is "Title IX of the Education Amendments of 1972"
which prohibits sexual harassment, including sexual assault as an
extreme form of hostile environment harassment. Any school like the
University of Virginia that participates in federal student aid
programs is subject to this law making them obligated to take steps
to end the harassment as soon as they become aware of it.
The federal Title IX guidelines clearly require that "the school
must promptly investigate to determine what occurred and then take
appropriate steps to resolve the situation." They also state that in
"some cases, such as alleged sexual assaults, mediation will not be
appropriate even on a voluntary basis." This is particularly
interesting because the University of Virginia includes this as one
of their options, something they clearly should NOT do.
Your daughter has avenues to pursue any violations of her civil
rights under Title IX including filing an administrative complaint
with the U.S. Department of Education's Office for Civil Rights, or
even the filing of civil litigation against the University for money
damages. Which option is best, or at least which to do first will
depend upon a variety of circumstances which we can discuss with
you. We may also be able to help you secure private legal counsel
for possible action against the assailant, and or the school. All
victim's services are free of charge.
It is my fervent hope that you and your daughter will be able to
right the wrongs that you have brought to the public's attention,
and that we can work with you in this fight. Please do not hesitate
to call me at (865) 691-6468, and or our main office in Pennsylvania
toll-free at 1-888-251-7959 to discuss this further.
S. Daniel Carter
Senior Vice President
Security On Campus, Inc.
7505 Granda Drive
Knoxville, TN 37909-1730
phone: (865) 691-6468
fax: (865) 691-6979
CAMPUS SEXUAL ASSAULT VICTIMS' BILL
The United States Congress enacted
Sexual Assault Victims' Bill of Rights" in 1992 as a part of the
Higher Education Amendments of 1992 (Public Law: 102-325, section
486(c)). It was signed into law by President George Bush in July of
1992. The legislation which was originally introduced in May of 1991 by
Congressman Jim Ramstad (a Minnesota Republican) has also been referred
to as the "Ramstad Act" although this is not an official title.
This law requires that all colleges
and universities (both public and private) participating in federal
student aid programs afford sexual assault victims certain basic rights.
It also requires the school to notify victims of their
option to report their assault to the proper law enforcement authorities.
Schools found to have violated this law can be fined up to $25,000 or lose
their eligibility to participate in federal student aid programs.
Complaints about schools that have failed to comply with this law
should be made with the U.S. Department of Education.
Read the 30 March 2004 Press Release:
Ohio State University Accused Of Failing Campus Rape Victim, Not Properly
IS A VIOLATION OF VICTIMS RIGHTS
The U.S. Department of Education has ruled that Georgetown
University has been violating the rights of campus rape victims according
to a federal review released earlier this month. In order for victims to
learn the results of disciplinary action taken against their alleged
assailants Georgetown was making them sign documents agreeing not to talk
about the outcomes of their own campus court hearings, something
government officials said violates a federal victims' rights law.
Institutions that violate the law face fines of up to $27,500 per
violation or loss of eligibility to participate in federal student aid
This website was
created by a UVA Parent to inform
Parents, Students, and Alumni about the
University of Virginia's ineffective response to the crime
of rape and sexual assault.
The University resolves Rape and Sexual Assault crimes as
ADMINISTRATIVE MATTERS, not as FELONY CRIMES. In 2006, UVA was cited
by the Dept of Education to be in violation of the Clery Act; a
Title IX investigation is currently pending.
"ZERO TOLERANCE FOR RAPE!"
Any UVA sexual
assault victims, regardless of year of graduation, who have questions or
believe their cases were addressed in a manner that conflicts with the
Clery Act and are willing to speak with DOE Investigators about the
disciplinary hearing process should contact the webmaster.
(Complete Anonymity is Guaranteed)
immediately because IF YOU STAY SILENT, NOTHING WILL CHANGE.
It's the right thing to do.
Created to support all UVA Victims of Rape and Sexual Assault.
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