Spotlight: Responding To Allegations Of Sexual Misconduct

Educational institutions are required by Title IX, recent amendments to the Clery Act contained in the Violence Against Women Reauthorization Act, and the April 2011 Dear Colleague Letter to respond to allegations of sexual assault, misconduct, harassment, domestic violence, dating violence, and stalking on campus by conducting an investigation of the complainant’s allegations.  This obligation exists even if the complainant is uncooperative or does not wish to pursue criminal charges or administrative measures.  Educational institutions can suffer severe penalties for failure to properly comply with Title IX’s investigation requirements, including the withdrawal of federal student aid monies.




Kevin E. Raphael