Campus sexual assault is a devastating experience that no student should have to go through. However, in the United States, survivors often receive inadequate responses from their college or university when they report that these situations have occurred.
Whether it’s a failure to investigate, a lack of proper support, or blatant mishandling of the case, educational institutions can—and do—fall short of their legal and ethical obligations. When that happens, it’s important to know that you have legal options available.
Speaking up and reporting campus sexual assault takes immense courage. At Bradford N. Oesch, P.C., our attorney is dedicated to standing up for the rights of campus sexual assault survivors and helping them pursue the justice they deserve.
Understanding Title IX and Your Rights
Title IX is a federal law that prohibits sex-based discrimination in education. This extends to protecting students from sexual harassment and assault. Under Title IX, colleges and universities that receive federal funding are required to take active measures to address instances of sexual misconduct. This includes conducting a prompt and impartial investigation, providing support services, and making sure survivors have equal access to educational opportunities.
Unfortunately, Texas schools can sometimes fail to meet these legal obligations. Whether it’s ignoring complaints, subjecting survivors to unfair disciplinary hearings, or creating a hostile environment, these shortcomings can have long-lasting effects on a survivor’s education, mental health, and overall well-being. When a school’s actions or inaction contribute to your harm, legal recourse is available to hold them accountable.
Your Legal Options If Your College Doesn't Take Appropriate Action
If your school fails to take your report of sexual assault seriously, there are several legal avenues that you can use to pursue justice and make sure your voice is heard. Some of the primary options available to you under Texas law include the following.
File a Title IX complaint: Title IX is a federal law that prohibits gender discrimination, including sexual harassment and assault, in educational institutions that receive federal funding. If your college mishandles your report or fails to provide appropriate support, you can file a complaint with the U.S. Department of Education’s Office for Civil Rights (OCR). The OCR will review your case and investigate whether your college violated its Title IX obligations.
File a civil lawsuit: You can file a civil lawsuit against the college for negligence, breach of Title IX responsibilities, or emotional distress caused by their failure to act. A civil lawsuit can address the harm you’ve experienced and may provide compensation for damages such as emotional trauma, medical expenses, or other related costs.
File a criminal complaint: While colleges are required to handle disciplinary actions internally, sexual assault is also a crime. You can report the assault to local law enforcement, regardless of the college’s response. Pursuing criminal charges can help make sure the perpetrator is held accountable under the law.
If you've been a victim of campus sexual assault in Texas, it’s important to act swiftly. Under Texas law, you generally have a two-year limitation to file a civil lawsuit. At Bradford N. Oesch, P.C., we are committed to standing by your side and we can help you determine the best course of action to protect your rights and interests.
Important Information About Pursuing a Title IX Claim
The primary legal avenues available to campus sexual assault survivors is filing a Title IX complaint. If you choose to file a complaint with the Office for Civil Rights (OCR), your complaint must, generally, be filed within 180 days of the alleged discrimination. This process can require significant documentation, including evidence of how the school failed to respond appropriately or how you were mistreated during the disciplinary process.
What You Should Do If You've Experienced Campus Sexual Assault
If you have been a victim of campus sexual assault, it's important to remember that everyone reacts differently to trauma, so there is no right or wrong way to respond. However, there are some steps you can take to prioritize your safety and well-being.
Seek medical attention: This should be your first priority after experiencing sexual assault. Even if you do not have visible physical injuries, it is important to get checked out by a healthcare provider. They can also provide you with emergency contraception and tests for sexually transmitted infections and potentially preserve the perpetrator's DNA.
Contact law enforcement: If you are comfortable doing so, report the assault to the police. While this can be intimidating, a formal police report can document the assault and serve as evidence to hold the perpetrator accountable.
Contact your college: Notify your college or university about the assault. They will typically provide resources and support, such as counseling services and academic accommodations. Be sure to maintain records of all communications with your college. If they don't respond appropriately, you may be able to file a Title IX complaint.
Consult an attorney: Consider speaking with an attorney who is experienced in handling sexual assault cases. They can provide guidance and representation if you choose to pursue legal action against the perpetrator.
Seek support: Healing from a sexual assault can be a long and challenging process. It's important to seek support from friends, family, or a therapist. You may also consider joining a support group for survivors of sexual assault, where you can connect with others who have been through similar experiences.
Take care of yourself: Self-care is crucial after a traumatic experience like sexual assault. Prioritize your physical and emotional well-being by getting enough rest, eating well, and engaging in activities that bring you joy.
It is important to remember that sexual assault is never the victim's fault. No matter the circumstances, the perpetrator is responsible for their actions. Blaming yourself will only add to the trauma and prevent healing. Coping with sexual assault can often feel isolating, but remember that you are not alone and you have legal options to hold the perpetrator accountable.
How an Attorney Can Help
At Bradford N. Oesch, P.C., we believe campus sexual assault survivors deserve to have their voices heard and their experiences validated. Filing a legal claim can be overwhelming, particularly when you’re recovering from trauma, but you don’t have to face it alone. Our attorney is dedicated to providing compassionate, personalized guidance at every step.
When a college fails to uphold its responsibilities, holding them accountable is not just about your rights; it’s about making sure no other students have to endure the same violations. We take the time to understand your story and build a case that is designed to achieve the best possible outcome for your unique circumstances.
Schedule a Confidential Consultation Today
If you or someone you know has experienced sexual assault on a Texas college campus and the institution failed to respond appropriately, it’s important to act quickly. Legal claims under Title IX and Texas law are often subject to strict deadlines. Contact an experienced attorney as soon as possible who can protect your rights and handle your case with care and sensitivity.
At Bradford N. Oesch, P.C., we are committed to standing by campus sexual assault survivors as they pursue justice and healing. Located in Houston, Texas, we serve clients throughout the region and are passionate about advocating for your rights. Contact us today to schedule a confidential consultation and learn more about your legal options.
