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College University Liability for Sexual Assault and Abuse on Campus


College University Liability for Sexual Assault and Abuse on CampusRecent attention concerning the increase of sexual abuse in college and universities has brought to attention a need to further strengthen anti rape and school liability laws Nationally and in the State of California.  Sexual assault in educational institutions of higher learning is one of the most under reported forms of violent crime in our nation.

What is needed form Schools to Reduce Acts of Sexual Crimes and Increase Reporting

Institutions of higher learning [Universities, State Schools, Community Colleges, two year colleges, four year schools, and trade and technical schools] possess both administrative and social barriers which prevent an increase in identifying and reporting such crime to proper authorities.  What is needed from schools in order to shed light to this problem is a two pronged strategy.  (1) Decrease the social stigma attached to reporting by increasing the overall awareness of the existence of such crimes on campus. (2) Reduce the red tape and institutional barriers so that victims feel more comfortable with reporting such crimes to the school.
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Federal Laws Aimed at reducing on Campus acts of Sexual Violence

Since the early 1990’s the federal government has moved to increase safety in institutions of higher learning.  In 1990 the federal government passed the Clery Act: Student Right to Know and Campus Security Act of 1990 20 U.S.C. § 1092.
  • Schools must publish yearly reports detailing statistics on crime committed on campus, and must describe specific policies, procedures and programs regarding increases or decreases in safety on school campus.
  • Timely Disclosure of Crimes and requirements for Warning Student of Potential Crimes:  According to federal legislation schools are required to report campus crimes that represent a threat to student and employees in a “manner that us timely and will aid in the prevention of similar crimes.”

 Title IX: Potential School Liability of School’s for Sexual Assault and Rape on Campus

The basis of Title IX states that, “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” Recently there has been an increase in the use of title IX to establish school liability for college and university on campus acts of sexual crimes conducted by school athletes.
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If you have been sexually assaulted in school contact our attorneys.  We will be able to review you case and determine whether any civil legal avenues are available.

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