Georgia Injury Law Blog
College provides students learning experiences that go far beyond education. For many students, this is the first time they live away from home and learn to be adults. It is also a time of increased risk as they build new relationships, socialize with new groups of people and join new activities. Unfortunately, some students also experience sexual assaults. These assaults often stem from student activities involving alcohol on campus, which is especially seen with sororities and fraternities. In addition, sexual assaults also arise from the failure of colleges and universities to have appropriate safeguards in place for their students.
According to RAINN, the nation’s largest anti-sexual violence organization, https://rainn.org/red-zone/campus-sexual-violence-statistics. Sexual violence is not a rare or isolated problem on college campuses. In fact, the first few months at college are when the risk is especially high for students.
The 2015 Campus Climate Survey https://www.aau.edu/resource-library/aau-climate-survey-sexual-assault-and-sexual-misconduct-2015 found that 11.7% of undergraduate students experienced nonconsensual sexual contact by physical force or inability to consent. The 2019 Campus Climate Survey conducted by the Association of American Universities https://www.aau.edu/resource-library/aau-campus-climate-survey-2019 found that of the schools that participated in both the 2015 and the 2019 Surveys, that number had increased to 13% In 60% of reports of rape involving college-age victims (17 – 24) the perpetrator was known to the victim.
With statistics such as these, it is critical for colleges and universities as well as for sororities and fraternities to take campus safety seriously. Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in any education program or activity that receives federal funding Under Title IX, discrimination on the basis of sex can include sexual harassment, rape and sexual assault. https://www.aclu.org/files/pdfs/womensrights/titleixandsexualassaultknowyourrightsandyourcollege%27sresponsibilities.pdf.
Unfortunately, too often victims are failed by policies that do not view and treat these incidents as the real crimes that they are. Victims who report may be met with an attitude of indifference by the administration. There may be a culture of ignoring known harassment or assault. Often, victims are discouraged from making reports to local law enforcement and encouraged to let their case be handled by administrators and campus police who do not have the authority to ensure that the perpetrators are prosecuted. As a result, perpetrators are not given adequate consequences. Under Title IX, these failures on the part of colleges and universities to identify and adequately respond to sexual assault and violence on their campuses may be found to be negligent. In some cases the school may be held liable for damages for personal injuries and, with private schools, for punitive damages.
The impact on students who experience sexual assault and violence is profound. Very often, they are unable to maintain their grades, and keep up with assignments and classes due to the overwhelming trauma they are coping with. They may isolate themselves, leaving themselves with no support system. If perpetrators are allowed to remain on campus, victims will often find themselves retraumatized by coming into contact with perpetrators in classrooms or dormitories. Students who have survived a sexual assault are 35% more likely to have negative academic consequences. Courts have found that even a single incident of rape or sexual assault effectively bars the victim’s access to an educational opportunity or benefit. Failure to adopt policies to prevent sexual assault on campus and to ensure that the school will be prepared to respond appropriately should an assault occur, may be found to be a breach of the duty of care owed to the student as well as a violation of Title IX.
The Atlanta personal injury lawyers at Katz Personal Injury Lawyers are dedicated to the representation of people who have suffered injuries due to sexual assault on college and university campuses in the metro Atlanta region and across the state of Georgia. If you or a loved one have suffered injuries as a result of sexual assault, talk to a lawyer at our firm, and discuss your legal options for a claim for damages. You may qualify for compensation that includes medical expenses, lost income and other forms of damages. Please click here to contact our law firm and discuss your case. Initial consultations are free.