Sexual Harassment and Assault on College Campuses: Essential Reading from the US Office for Civil Rights

Sexual assault on US college campuses has been a big topic in the news recently. The US Department of Education Office for Civil Rights has published extensive guidance on its interpretation of the legal rules that govern how US college and universities respond to allegations of sexual harassment in general and sexual assault in particular.

Any conversation about how colleges and universities should respond to claims of sexual assault must consider OCR’s interpretations of the law governing institutions of higher education. Below are links to the OCR guidance that are essential reading to understand OCR’s perspective:

• Jan 19, 2001 — Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties


• July 28, 2003 — Dear Colleague Letter on First Amendment 


• September 2008 — Sexual Harassment: It's Not Academic


• Oct. 26, 2010 — Dear Colleague Letter on Harassment and Bullying


• April 4, 2011 — Dear Colleague Letter on Sexual Harassment and Violence


• Apr. 29, 2014 — Questions and Answers on Title IX and Sexual Violence

These documents are a good introduction to OCR’s perspective. Another essential document to read in this area is the US Supreme Court's decision in Davis v. Monroe County Board of Education. How to reconcile Davis and OCR’s statements is worthy of careful consideration, but first things first.

Happy reading.