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Heart to Heart Blog

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Know Your Rights: Title IX

Lately I’ve been getting some referrals that are extra concerning. They are involving cases of sexual assault in high schools against teens with disabilities, which is alone a major problem. But what I’m seeing is a sheer lack of effort on the part of the schools to address sexual assault against students with disabilities in a meaningful way.

I’m hearing about parents being told in a mediation that groping is “just part of the high school experience”. I’m hearing about teachers who dismiss safety concerns and downplay what is very clearly sexual assault. I’m hearing schools refusing to make any changes to increase these students’ safety, and dragging their feet to do any investigation or take reports seriously.

If the first person a victim reports harassment or assault to dismisses it, this has long term impacts on their ability to heal from trauma. It also makes it less likely that the student will report future assault and harassment, to that teacher or to anyone else, putting them at increased risk for continuing exploitation and abuse.

Despite President Trump’s adminstration’s changes to Title IX, which makes it more confusing and difficult for students to pursue support and legal options on campus, it’s important to know that students do still have rights.

Title IX is a federal law that prohibits sex-based discrimination in public K-12 schools and universities. Under the Trump administration, the ability of students to get support has significantly decreased. Changes have included

  • Stricter interpretations of due process

  • Only covers incidents that occur on campus. So, if you go to a party off campus and are sexually assaulted by a classmate, you may not be entitled to receiving support and pursuing investigations by the school

  • LGBTQIA+ protections were eliminated

So maybe schools are confused about the changing rules. Students and parents definitely are. But take a second to imagine what it would be like to have to return to school, day after day, and sit next to your abuser or harasser. That trauma can lead to students refusing to attend school or dropping out of college, or at the very least make it more difficult to learn, focus, and get the education you have a right to.

If you have experienced sex-based harassment or discrimination at school, know that you are not alone and you do have rights. It is illegal for your school to discourage you from reporting sex-based discrimination, including harassment and assault. Your school is required to provide supportive measures, even if they are still investigating or are not investigating at all. This may include:

  • Removing the accused from the same classes as the victim, changing seats, changing the hallway route, or removing the accused from your bus

  • Access to counseling services while at school

  • Issue a one way or no contact order, which prohibits your harasser from contacting you

  • Provide a campus escort for walking to classes

  • Request training for teachers on trauma-informed support or how to appropriately respond to reports of sexual assault and harassment

  • Reasonable accommodations for attending class, such as excused absences, attending online, late assignments,

You are not required to file a formal complaint to receive supportive measures. Some victims may not want to file a formal complaint, they simply want to ensure that they are not in class with their harasser or abuser, or have another supportive measure that would allow them to continue their education and feel safe. Your school district or university is required to have a Title IX coordinator, and it is their job to help with understanding your rights, investigations and reports, and getting supportive measures in place.

Schools need to do better at responding to reports of sexual assault and harassment. Students with disabilities have a right to be heard, believed, and supported. If you need more resources, please check out the links below:

Know Your IX: FAQ’s on Title IX and Supportive Measures

Survivor Justice is Disability Justice

If you are in Wisconsin, you can contact the Disability Rights Wisconsin Victim Advocacy Program. All states should have a similar organization that provides access to information about disability rights and supports victims. You can check with your state’s council/board for people with developmental disabilities.