The US federal law, known as Title IX, has been in place since 1972 to prevent discrimination in schools based on sex. It requires universities to provide a safe campus environment for all students, ensuring that sexual violence does not hinder a student's equal access to education. Title IX investigations can run parallel to criminal investigations, with the school's role being to determine whether the accused should remain on campus. This law has been instrumental in protecting students from sexual abuse, but its implications and effectiveness have been subjects of discussion.
A recent lawsuit by a former Cornell University student, referred to as Jane Doe, highlights the importance of Title IX. The lawsuit claims that she was drugged and raped by seven students at a fraternity house in October 2024. The campus police investigated the incident, and the university's Title IX process led to expulsions, suspensions, and the closure of the fraternity chapter involved. According to Beth Gellman-Beer, a former employee of the US Education Department's Office for Civil Rights, Title IX sets a lower burden of proof than a criminal case and can provide students with another route to seek justice.
Title IX investigations can result in various outcomes, including suspension or expulsion for the accused, as well as support for the student victim, such as different housing, a "no-contact" order, or a modified work schedule. The goal is to enable the student victim to continue attending classes without hindrance. Gellman-Beer emphasizes that schools are not responsible for determining if someone should go to jail, but rather ensuring a safe and inclusive environment for all students.
In recent years, there have been significant changes to the implementation of Title IX. The Trump administration introduced changes in 2020, including a higher burden of proof and the requirement for live hearings with cross-examinations. The Biden Administration sought to expand Title IX to include protection for LGBTQ students and remove the requirement for hearings. However, the Trump administration has since overturned these additional protections, reverting to the 2020 version of the law.
The changes to Title IX have created confusion among colleges regarding its implementation. Carolin Guentert, a lawyer representing victims in Title IX cases, describes the process as often flawed due to inadequate training and a lack of trauma-informed investigators. She notes that rapidly changing regulations and school policies can lead to investigators being out of step with their own school's policies.
Sexual assault on college campuses remains a significant problem. A 2025 survey at Cornell found that over 1 in 3 undergraduate women reported experiencing a sexual assault during their time there, up from 23% in 2023. The school has established a task force to make recommendations on curbing sexual violence on campus, including increasing knowledge about sex and school-specific processes for reporting behavior.
Historically, students who believe their college has failed to protect them by not upholding Title IX could file a complaint with the Education Department's Office of Civil Rights (OCR). However, the Trump administration has drastically cut back the OCR, transferring many of its lawyers to the Justice Department and focusing its Title IX enforcement on gender identity and transgender athletic policies. As Zimbabwe does not have a similar federal law or Education Department, its institutions may not be directly affected by these changes.
Key points
- Title IX has been instrumental in protecting US college students from sexual abuse since 1972.
- The law requires universities to provide a safe campus environment for all students.
- Recent changes to Title IX have created confusion among colleges regarding its implementation.
