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The local rape crisis center might be able to help you find an advocate at no cost. Advocates can help you at
every stage, including finding a lawyer to help with the school’s complaint procedure, to asking for a
deadline extension for assignments from your school or to seeking a protective order in court.
If you need help finding resources in your area to keep you safe, contact Legal Momentum’s Helpline at
(212) 925-6635, ext. 650 or help@legalmomentum.org.
OVERVIEW
• You have a right to press criminal charges in the regular criminal justice system, not just the campus
system.
• Depending on the laws in your area, you might be able to seek a protection order from a civil court.
See discussion below.
How can I find out about my school’s resources for dealing with sexual violence?
Under Title IX, schools must have several methods to address sexual violence, including:
• Naming and publicizing how to contact a specific person, the “Title IX Coordinator,” with whom
you can speak if you are a victim of sexual violence or simply want to learn more about your
school’s Title IX policies;
• Writing and publicizing a policy of not discriminating on the basis of sex; and
• Writing and publicizing the process you should use if you need to inform your school about
discrimination or sexual violence.
To find out about these resources, call your school’s administration, check your student handbook, or check
the school’s web site.
What are my legal options if I am a victim of sexual violence in connection with my school?
You have several legal options:
• You can call your local police to report the crime and ask them to investigate and make an arrest. Be
aware that your “campus police,” if you have them, are not necessarily the same as your “local
police.” Consider taking someone with you to be your advocate when you meet with the police—(a
friend, clergyperson, or call the National Sexual Assault Hotline at 800-656-HOPE for a referral).
• Your local police may be willing to receive a confidential report of a crime without expecting you to
decide yet whether you want an arrest to happen—call and ask.
• Depending on your state and the type of relationship you have had with your assailant, you may also
be able to seek a civil order of protection from your local family court or civil court. This is
discussed below.
• You can inform your school’s Principal, Dean, or Title IX Coordinator that someone has assaulted
you and that you want the school to investigate and protect you.
• You can always go to the hospital (not your student health services) to ask them to collect evidence
of sexual violence without deciding which of these options, if any, you want to use.
What if I don’t want to make a complaint? What if I want my identity to be kept confidential?
Be aware that Title IX obligates schools to investigate whenever they receive information about a risk or
incident of sexual violence connected to their students, whether you make a formal complaint or not. Title
IX requires your school to protect your identity during the investigation if you request it. This may limit the
Surviving Campus Sexual Assault: A Legal Overview for Students
2
effectiveness of the investigation. For example, if the Title IX Coordinator interviews a witness but cannot
ask questions that will reveal your identity, then the witness’s responses might be vague and/or off-topic.
Unless you request it, your school should not attempt to limit your contact with your assailant by
transferring you, as opposed to your perpetrator, out of your classes or your residence hall.
What can I do if I believe that my school has failed to investigate or decide my case properly?
If your problem has occurred within the last 180 days, you can file an administrative complaint with the
Department of Education’s Office of Civil Rights (OCR) at (800) 421-3481, ocr@ed.gov, or by using the
online form at http://www2.ed.gov/about/offices/list/ocr/complaintintro.html.
Be aware that after you file a complaint with OCR, the process can take a long time. If you need help right
away, contact your local rape crisis center, a private attorney, or Legal Momentum’s Helpline at (212) 925-
6635, ext. 650 or peo@legalmomentum.org.
NO CONTACT ORDERS
There are several types of orders that you can get from your school or a local court that can keep your
assailant away from you. They are different depending on where you live. For that reason, this guide is
general and does not provide detailed information.
Some states require that the victim and the assailant have had a relationship of some kind, but some do not.
In general, civil orders of protection can require one party to stay away from and not contact the
complaining party. Although plaintiffs request the order in civil court, the defendant might be charged with
a crime if the order is violated. There is often no requirement that the plaintiff press criminal charges against
the defendant in order to obtain a civil protection order however, it might be helpful in some cases.
You can obtain an order of protection on your own by appearing in court, or you might be able to ask for
help from a local advocacy organization, such as a rape crisis center. The steps to getting an order include
going to court, filling out forms, and telling your side of the story to a judge or magistrate. It is possible that
the first step of the process will take a whole day, but it also possible that it will move quickly.
At some point, the defendant will get to tell the other side of the story to the court. That is why you should
consider seeking the help of an advocate or attorney to help you navigate the legal system. But if you are not
able to obtain this help, you should not be discouraged. Many people go through the process by themselves
and are successful.
Don’t worry about using legal terms when you ask for your order. You can speak in your own voice. Just so
you know what to expect, here are some terms you might see. The orders may be called “restraining orders,”
“protective orders,” or “orders of protection.” The person requesting the order is often called the “plaintiff”
or “petitioner,” and the person you want to keep away is called the “defendant” or “respondent.” The civil
court can have different names like Family Court, District Court, or County Court.
To obtain this type of order, your local rape crisis center or legal aid office might be able to help you find an
advocate at no cost. If you need help finding resources in your area, contact Legal Momentum’s Helpline at
(212) 925-6635, ext. 650 or peo@legalmomentum.org.
This guide provides general information. It should not be used as a substitute for an attorney's services. It
does not constitute legal services or representation. If you need help finding legal resources in your area,
contact Legal Momentum’s Helpline at (212) 925-6635, ext. 650 or help@legalmomentum.org.
© 2015 Legal Momentum