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Know Your Rights: What You Need to Know about Sexual Assault and Gendered Discrimination on Campus

This article is written by a student writer from the Her Campus at SCU chapter.

Title IX is part of the U.S. Education Amendments of 1972. It is a federal civil right protecting all people against gender-based discrimination in education.

Yeah, yeah, important but boooorriiiinnggg legal talk, right? Wrong. You know what this means for you? Everything.

Title IX prohibits any and all forms of gender discrimination in education. It addresses discrimination against pregnant or parenting students, women in science and mathematics fields, and more. It protects all people against sexual violence, and it necessitates that all schools take proactive measures to prohibit discrimination. Further, it requires that all schools take immediate action to ensure that sexual assault victims can continue their education free of discrimination, harassment, and violence. In addition, Title IX forbids colleges from mediating sexual assault cases. Alternative processes may be offered, but mediation in place of a formal hearing is prohibited (knowyourix.org).

What this really means is that you are protected, and that SCU is legally required to ensure they are doing all they can to prohibit discrimination, harassment, and assault. There are resources available to every student at SCU to report a case and to seek help or support.

The U.S. Department of Justice estimates that one in five college-aged women will survive rape or attempted rape at some point in her life (Langton and Sinozich).

47 percent of rapes in America are perpetrated by a friend, acquaintance, or relative of the victim. On college campus, it is likely that this statistic is even higher. As a culture, we imagine a rapist as a silhouetted stranger in a dark alley, but it is much more likely that he is the friend of a friend you met at a house party. Maybe he’s the nice guy who “just had too much to drink.” No. There is no excuse for rape, and rape can be committed by strangers, acquaintances, friends, relatives, or even romantic partners.

If you do not give explicit consent and if, for any reason, your consent is not ongoing (i.e. you change your mind at some point), the case is considered rape. Outdated anti-rape campaigns touted the slogan “No means no.” This is not enough. That falls short because it does not convey the importance of YOUR consent. Affirmative, emphatic, true consent. Some more recent campaigns have popularized the term “Consent is sexy!” No, consent is not sexy. Consent is a basic human right.

67 percent of rapes in the U.S. go unreported to the police (RAINN.org), and that number inflates to 80 percent on college campuses (Langton and Sinozich). On a college campus, it is a victim’s choice how he or she chooses to handle or report the event. You may report the assault to the Office of Student Life, for instance, or go directly to the police. At SCU, you can report any kind of Title IX infringement—learn about your options here.

The Jeanne Clery Act of 1990 also mandates that all federally funded colleges and universities fully disclose their campus security policy as well as their crime statistics. These statistics must be publicly accessible and published in each school’s annual security report. You can access SCU’s annual security report here.

Most importantly, there are resources available across campus to help you. The Office of Student Life, the Counseling Center, the Wellness Center, the Cowell Health Center, and Campus Safety are all available to support those in need. Do not be afraid to reach out—for any reason. SCU fosters a community whose highest priorities include your physical and emotional wellbeing. Learn more about sexual harassment and assault here.

Don’t forget that Title IX does more than just help protect and inform you about sexual violence. It protects you against any kind of gendered discrimination. If you identify as part of the LBGTQ community, you are fully protected. In addition, SCU offers a number of resources to help you feel at home, including the LGBTQ space in downstairs Benson, a safe space for students of all sexual orientations to feel comfortable. There are more resources on and off campus that you can learn about here.

These are just a few ways that you are protected under Title IX at SCU. There are new posters placed in every classroom on campus this year detailing your rights under Title IX. These posters can also instruct you in how to report any kind of discrimination that you witness or experience on campus.

Remember that gendered discrimination occurs on all ends of the spectrum, and in many ways—from snide comments made to female engineers, to a man’s denial of his entrance at a party, to rape. Speak up. Be brave. Know your rights. 

Kendra is a senior at Santa Clara University from Denver, Colorado, double majoring in English and Philosophy. If not writing for Her Campus, the campus ministry blog, or just for fun, she can be found playing pickup soccer, online shopping, or binge-watching documentaries. She loves skiing, reggae, and good Japanese food, and hopes to spend her life writing and traveling.
Natalie started as Editor-in-Chief for Her Campus Santa Clara in the fall of 2014. She is a senior English major, and no, she doesn't want to be a teacher. If she has any free time, chances are you'll find her reading with a cup of tea at her side or lying in bed binge-watching Netflix.