What the Title IX Final Rule Means for Victims/Survivors of Sexual Harassment According to the Title IX Final Rule, survivors of sexual harassment/sexual violence are not legally obligated to report an incident to anyone—and some might choose not to report. But it’s important to know what options are available in your community and on your campus. One reason you’re reading this information now is to know your options right away if you or a friend ever needs to make a report. Reporting a sexual harassment incident can give survivors an opportunity to hold the perpetrator accountable and make the campus safer for everyone. The bottom line is, there is no right or wrong answer here.Survivors need to make a decision about reporting based on what’s right for them and their healing process. Reporting an Incident Criminal Reporting (Note: Criminal reporting will vary from state to state) If the survivor chooses to report the incident to law enforcement (campus or local police), an investigation will likely be launched, and, depending on its outcome, formal criminal charges may be presented to the local prosecutor for review. The prosecutor will decide whether the case will go forward. If it does, the prosecutor will represent the government, a defense attorney will represent the perpetrator, and the survivor will be a witness in the case. Many law enforcement agencies and local nonprofits have advocates who provide help and support to a survivor during a criminal case. If a survivor chooses not to report an incident for a long time, it’s possible that the statute of limitations (two years for this type of criminal reporting) will prevent the accused person from being prosecuted. However, even in those instances, making a report can be valuable because it can help establish a pattern that helps in future cases against the same person—many people who commit acts of sexual violence perform them against more than one person and may continue to offend over a long period of time. Civil Reporting If the survivor chooses to use the civil justice system, she or he can bring a case on her or his own. Unlike the criminal justice system, civil cases involve a person suing another person; the © 2020 by Hazelden Betty Ford Foundation. All rights reserved. government is not directly involved. The most common type of civil case in dating/domestic and sexual violence situations is a restraining order (also known as a protection order). This kind of case involves a survivor asking the court to order the offender to have no contact with the survivor and may also include other orders, such as moving out of a shared residence, staying away from certain locations, or not using shared property. Damages may also be sought in civil court for mental, physical, and sexual harm caused by the incident, and for property damage, too, if relevant. Campus Reporting If the survivor (complainant) talks about an incident to any school official (instructor, resident assistant, on-campus safety personal, on-campus health service personal, etc.), that incident is officially recorded and supportive services are offered. Those services are optional; the complainant can choose to accept or not accept those services. If the complainant chooses to go further and officially report the incident, a school administrator will meet with them to explain their options. These options may lead to an investigation, hearing, and disciplinary proceedings against the accused (respondent). The Title IX Final Rule ensures that any disciplinary proceedings are fair and equitable to both the complainant and the respondent. Conclusion A survivor can choose to use all three systems—criminal, civil, campus—or only one or two (or none). Each system has its own pros and cons. A survivor can consult college or university web pages for information, talk with a campus or community advocate, or talk with another trusted person who can help him or her decide how to proceed. © 2020 by Hazelden Betty Ford Foundation. All rights reserved.
