Higher Education Law: Title IX and the New Frontier of Sexual Assault Adjudication
In recent years, there has been a sea change within higher education’s treatment of sexual assault. Educational institutions now investigate and adjudicate reports of sexual violence independently of law enforcement. How and why are our institutions doing this? The answer is Title IX of the Education Amendments of 1972 and the U.S. Department of Education’s (DoE) expanded interpretation of Title IX. Although the DoE’s goal to rid campuses of sexual violence may be laudable, the responsibility to investigate and adjudicate sexual assault has exposed our schools to civil liability.