A HOSTILE ENVIRONMENT FOR STUDENT DEFENDANTS: TITLE IX AND SEXUAL ASSAULT ON COLLEGE CAMPUSES

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Miranda Guardiola

This article takes an alternative view, actually making an argument that college campuses are a hostile environment for the accused, with little attention given to those who were victimized. He makes the case that the Title IX legislation is not appropriate or applicable to adequately assess the claims of sexual assault on college campuses. Let me be clear- the author is not arguing that victims do not deserve justice or that they do not need to be represented- he is arguing that the current Title IX legislation is not equipped to adequately handle claims of sexual violence, both for the victim and the accused.

This article goes into detail about the history of legislation regarding sexual assault, how it evolved, and what brought on the new laws. Its origins coming from the Education Amendment of 1972 of Title IX. He specifically points out the Dear Colleague letter drafted by the US Department of Education’s Office for Civil Rights which targeted instances of inter-student sexual assault on college campuses. This letter specifies procedures that educators and institutions must follow in order to actively work to resolve claims of sexual violence.

By the end, the author makes his argument that institutions of education have many incentives for wrongfully convicting alleged sexual offenders. He points out that the Title IX legislation, as it is now, has too many holes and not enough guidance in adequately protecting both the victim and the alleged accused. He calls for Title IX to be revisted so that students accused of sexual assault are equally represented and that procedures be updated in how to work towards resolving such cases.