Sexual Assault on Campus: What Students Need to Know

A sexual assault can upend every part of your life. You may feel unsafe on campus, struggle to attend classes, sleep, study, or stay in school. The school may make you feel like you need to carry the harm quietly while everyone else moves on. You may also assume the school’s internal process is your only option.  In some cases, it is not.

This article explains what Title IX may protect, what steps can help protect your rights, and when to speak to a lawyer.

Understanding Your Rights Under Title IX

A Title IX lawsuit usually focuses less on the assault itself and more on the institution’s response after the school had the kind of notice the law requires.

“Title IX prohibits sex discrimination by recipients of federal education funding.”¹Jackson v. Birmingham Bd. of Educ., 544 U.S. 167, 173, 125 S. Ct. 1497, 1503, 161 L. Ed. 2d 361 (2005). The statute provides: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance,” with limited exceptions.²20 U.S.C.A. § 1681 (a).

When a School’s Response Becomes a Legal Issue

Title IX protects a student’s ability to access education on equal terms. If a school knows about serious sex-based misconduct and responds in a way that leaves a student unable to attend class safely, remain in housing, participate in campus life, or continue school on equal footing, that failure may create a legal problem.

The federal law recognizes a private right to sue under Title IX and has confirmed that money damages can be available in an appropriate case, but a school does not violate Title IX every time an assault happens.³See Farmer v. Kansas State Univ., 918 F.3d 1094, 1098 (10th Cir. 2019) (“Title IX is enforceable, not only by federal administrative agencies, but also through private causes of action”); see also Doe v. Univ. of Denver, 1 F.4th 822, 828 (10th Cir. 2021) (“Where sex-based discrimination is intentional, Title IX is enforceable through a cause of action for which money damages are available”). However, when a school has an actual notice, for example, one student sexually harassing another student, but it responds in a clearly unreasonable way or deliberately indifferent way, the law may allow the student to seek relief against the school.⁴Farmer v. Kansas State Univ., 918 F.3d 1094 (10th Cir. 2019); see Davis Next Friend LaShonda D. v. Monroe Cnty. Bd. of Educ., 526 U.S. 629, 119 S. Ct. 1661, 143 L. Ed. 2d 839 (1999) (holding “ a private damages action may lie against a school board under Title IX in cases of student-on-student harassment, but only where the funding recipient acts with deliberate indifference and the harassment is so severe that it effectively bars the victim’s access to an educational opportunity or benefit”). Overall, a student needs to show facts like these:

• The school had actual notice through the right kind of official.
• The school had the power to do something.
• The school responded with deliberate indifference, not just an imperfect decision.
• The misconduct was serious enough to interfere with the student’s education.

Key Elements of a Title IX Claim

To establish a Title IX claim of deliberate indifference to student-on-student sexual harassment, the plaintiff must prove that the school “(1) had actual knowledge of, and (2) was deliberately indifferent to (3) harassment that was so severe, pervasive and objectively offensive that it (4) deprived the victim of access to the educational benefits or opportunities provided by the school.” ⁵Doe v. Sch. Dist. No. 1, Denver, Colorado, 970 F.3d 1300, 1308 (10th Cir. 2020) (quoting Murrell v. Sch. Dist. No. 1, Denver, Colo., 186 F.3d 1238, 1246 (10th Cir. 1999).

What “Actual Notice” Means in Practice

Actual notice usually means the right school official knew enough about the situation to trigger an institutional response, for example, your school’s Title IX Coordinator. Not every conversation with every employee counts the same way.⁶See Rost ex rel. K.C. v. Steamboat Springs RE-2 Sch. Dist., 511 F.3d 1114 (10th Cir. 2008) (holding student’s statement that boys were bothering her did not provide district with actual knowledge of sexual harassment for purposes of Title IX”). Who knew what, when they knew it, and what school authority they had can make or break the case. That is one reason documentation matters. If you reported the assault to the Title IX office, dean of students, housing official, campus police, or another administrator with authority, save that record. If you told a professor who forwarded it, save that too. Dates matter. Names matter. Emails matter.

How Courts Define “Deliberate Indifference”

Deliberate indifference does not mean the school made a small mistake.⁷See Farmer v. Kansas State Univ., 918 F.3d 1094, 1099 (10th Cir. 2019) (Title IX does not require a federal funding recipient to acquiesce in the particular remedial action a victim seeks).  It means the school’s response was “clearly unreasonable in light of known circumstances.”⁸Davis Next Friend LaShonda D. v. Monroe Cnty. Bd. of Educ., 526 U.S. 629, 630, 119 S. Ct. 1661, 1665, 143 L. Ed. 2d 839 (1999) A student may raise concern about deliberate indifference when a school:

• Ignores the report.
• Delays for no good reason.
• Discourages reporting.
• Refuses supportive measures without explanation.
• Fails to enforce protective steps.
• Lets retaliation continue.
• Or handles the matter in a way that leaves the student without meaningful access to education.

Not every disappointing outcome proves deliberate indifference. But a pattern of inaction, deflection, or meaningless process can support a serious claim.

Warning Signs a School May Be Failing You

If your college or university mishandled a sexual assault report, do not wait for the situation to sort itself out. Start building a clean factual record. A strong case usually depends on disciplined fact development, not just understandable outrage. That is why early documentation can make a real difference.

Steps to Protect Your Rights After Sexual Assault

Document Everything

You should save all evidence of the event, including:

• Emails.
• Texts.
• Screenshots.
• Call logs.
• Social media messages.
• Class communications.
• Housing notices.
• Medical records.
• Counseling records.
• And any school determinations.

Keep everything in one folder.

Write a Timeline While the Facts Still Feel Fresh

Write down a timeline while the facts still feel fresh.

Include:

• When the assault happened.
• When you reported it.
• Who you told.
• What each person said.
• What the school promised.
• What the school actually did.
• When delays happened.
• How the situation affected class, housing, safety, and daily life.

You do not need perfect writing. You need accurate facts.

Identify Who at the School Knew

Make a list of every person you talked to about harassment. Include their title, the date, what you told them, and what they said they would do.

This step matters because Title IX cases often turn on notice. The cleaner your record, the stronger your position.

Document the Impact on Your Education

Do not stop at “the school handled this badly.” Show the consequences. For example, document whether you:

• Missed class.
• Changed housing.
• Dropped courses.
• Lost a scholarship.
• Withdrew from activities.
• Avoided parts of campus.
• Suffered grade declines.
• Or considered transfer or leave.

A school’s Title IX liability is tied to the denial of equal access to education. Your real-life disruption helps tell that story.

Get Legal Advice Early

A lawyer can evaluate whether the school’s conduct supports a Title IX claim, whether other claims may exist under state or federal law, what evidence you should secure now, and how to avoid steps that weaken your case.

When to Consider Taking Legal Action

If your college or university ignored, minimized, delayed, or mishandled your sexual assault report, you may have more options than the school wants you to believe.

The school’s internal process does not define the full scope of your rights. Title IX exists to protect students’ equal access to education, and in the right case, the law allows a student to seek relief when a school responds with deliberate indifference to serious sex-based misconduct.

Early action matters. The sooner you preserve records, organize the timeline, and get legal advice, the better you can protect your rights.

If your school’s response disrupted your education and you want to understand your legal options, contact Christensen & Jensen. Our attorneys can evaluate your situation, explain whether Title IX or other legal claims may apply, and help you decide what steps make sense next.