Education Concerns for Sexual Assault Victims
Sexual assault is a very common problem for high school and college
students and it can have devastating educational results. The federal
government estimates that for every 10,000 undergraduate females,
there are 350 incidents of sexual assault every year. (National
Institute of Justice)
If you are in school and have been sexually assaulted, it is not
unusual for it to impact your entire educational experience.
- Mental and Medical Health: You may experience Post-traumatic
stress disorder, Depression, Anxiety, Insomnia, and other physical
complications from the assault. These common mental and medical
reactions may limit your ability to concentrate, do well on schoolwork
or even attend school.
- Physical Safety: You may feel unsafe on campus if the assailant
is a fellow student or knows where you attend school. You may
be avoiding certain classes or libraries.
- Privacy: Campus gossip about the assault may be making it hard
for you to have your normal social life. Your peers probably know
a lot about your daily life and if details about a sexual assault
get out into the community, the resulting gossip can be unbearable.
You may be considering dropping out of school or transferring
to avoid the gossip.
- Campus Disciplinary Complaints: If the person who raped you
is a fellow student, you may be struggling with difficult decisions
about whether to file a complaint with your school. Student disciplinary
systems can be very helpful in addressing the problem, but they
can also be intimidating.
How can a private lawyer help me with these problems?
At the Victim Rights Law Center, we understand that sexual assault
is a primary threat to equal education for young women at America’s
colleges and high schools. Sexual assault can lead to:
- Dramatic declines in academic performance;
- Sharp increases in absenteeism; and
- Permanent school withdrawal for the victim.
Our goal is to prevent these harms from happening to you and help
you stay in school. Even if your school does not permit an attorney
to attend the hearings in disciplinary cases, an attorney can work
on your behalf in numerous ways outside the hearing. For example,
an attorney can help you with all the issues outlined above.
If you are a student who is a sexual assault victim, please contact
us or surviverape.org
to find out what your educational options are.
Education - Legal Information and Remedies
There are many state and federal laws designed to protect students
against a hostile educational environment due to a sexual assault.
Please Note: The laws outlined below provide you with only general
information. They do not provide specific legal advice to address
your specific situation. Please talk with
the Victim Rights Law Center or another qualified attorney for
confidential legal information specific to your unique circumstances.
Attorneys and Advocates who want to learn more about the privacy
rights of sexual assault victims should see our Attorney
Practice Manual.
What if I need to change my class schedule,
housing or academic deadlines?
What if I’m concerned about my privacy on
campus?
What if the person who assaulted me attends
the same school?
What if I am in danger of losing financial aid,
tuition, or other money at school?
What if I need to change my class schedule,
housing or academic deadlines?
If you need to make changes so that you feel safe staying in school,
you can ask that your school defer exams, change your class schedule,
and allow dormitory transfers. These relatively small changes can
make a major difference in your ability to stay in school and reach
your educational goals. (top)
What if I’m concerned about my privacy
on campus?
If you are worried about who will find out about what happened,
as a student, you are entitled to many privacy protections. For
example, your educational record should not be released to outside
parties. The content of your rape crisis counseling should be strictly
confidential, and most school policies require the content of student
disciplinary complaints to be confidential among those participating.
(top)
What if the person who assaulted me
attends the same school?
If the person who assaulted you is another student at your school,
you are entitled to legal protection (under Title IX of the Educational
Amendments to the Civil Rights Act, 20 USCS § 1681). You are
entitled to attend school free of sexual harassment. Sexual harassment
can include a sexual assault as well as the harassment following
a sexual assault by a fellow student. Such harassment may include
name-calling, taunts in the hallways, and other acts by both the
perpetrator and/or his or her friends that make you feel humiliated,
afraid, or intimidated. (top)
What if I am in danger of losing financial
aid, tuition, or other money at school?
If you are in school, your grades may have started to fall after
the assault or you may not complete the semester after the assault.
You may need to take a temporary leave of absence. These academic
changes could result in lost tuition, loss of scholarships and financial
aid. It is critical to seek help with this issue as soon as possible
after the assault in order to prevent large financial aid and tuition
costs from mounting.(top)
If you are a victim and have specific questions or concerns
about any of these education issues, you can contact
us at the Victim Rights Law Center. All of our services are
free and confidential.
If you are an attorney or an advocate, please see our Attorney
Practice Manual for further details.
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