Title IX Sexual Assault
When a student comes forward about sexual assault, the school’s response affects their safety, their education, and their trust in the institution. For Title IX coordinators, student affairs teams, and prevention professionals, getting that response right has been complicated by years of shifting federal rules. With the 2020 Title IX regulations formally restored in September 2026, schools now have a clearer picture of what the law requires.
Meeting those requirements is essential, but compliance alone doesn’t make a campus safer. Title IX sets the minimum standard for how schools respond to sexual assault, and research-based sexual assault prevention education in consent, bystander intervention, and healthy relationships is how schools change the culture that allows it to happen.
What Is Title IX?
Title IX of the Education Amendments of 1972 is a federal civil rights law. The statute states that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.
Title IX applies to school districts, colleges, universities, and other institutions that receive federal funds. Its implementing regulations are found at 34 CFR Part 106 and are enforced by the Department of Education’s Office for Civil Rights (OCR).
How Title IX Applies to Sexual Assault
Under Title IX, sexual harassment is a form of sex discrimination, and the regulations define sexual harassment to include sexual assault. Under 34 CFR 106.30, Title IX sexual harassment is conduct on the basis of sex that meets one or more of these definitions:
- Quid pro quo harassment: A school employee conditions an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.
- Hostile environment harassment: Unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it effectively denies someone equal access to the school’s education program or activity.
- Sexual assault, dating violence, domestic violence, or stalking: These are defined by reference to the Clery Act and the Violence Against Women Act (VAWA).
Sexual assault is its own category. A report of sexual assault does not have to meet the “severe, pervasive, and objectively offensive” test that applies to hostile environment harassment.
The regulations apply to conduct that happens against a person in the United States, within the school’s education program or activity. Under 34 CFR 106.44, that includes locations, events, and circumstances where the school has substantial control over both the respondent and the setting. At colleges and universities, it also includes buildings owned or controlled by officially recognized student organizations.
The regulations do not require schools to adopt a particular definition of consent. Each school defines consent in its own policies.
Where Title IX Regulations Stand Today
In April 2024, the Department of Education released a new Title IX rule. Federal courts blocked it in 26 states before or shortly after it took effect. On January 9, 2025, a federal district court vacated the 2024 rule nationwide, and a second court vacated it on February 19, 2025. On January 31, 2025, the Department announced it would enforce the 2020 Title IX regulations.
On September 28, 2026, the Department announced that it had formally rescinded the 2024 rule and reinstated the 2020 regulations. The final rule was published in the Federal Register on September 29, 2026 and took effect immediately, restoring the 2020 text to the Code of Federal Regulations. According to the Department’s fact sheet, the 2020 regulations have been enforced consistently since January 2025, and this action brings the published rules in line with that practice.
The restored text includes a few minor changes. The most relevant one for sexual assault cases is that the final rule omits a sentence that barred decision-makers from relying on statements by a party or witness who did not submit to cross-examination. A federal court vacated that sentence in 2021.
Title IX rules have changed often, so schools should confirm that their policies, procedures, and training materials reflect the current version of 34 CFR Part 106.
What Schools Must Do When Sexual Assault Is Reported
The 2020 regulations set out both an initial response and a formal grievance process.
Respond Promptly
A school must respond promptly, in a way that is not deliberately indifferent, once it has actual knowledge of sexual harassment. Actual knowledge means notice to the Title IX coordinator, to an official with authority to take corrective action, or, in K–12 schools, to any employee.
Offer Supportive Measures
The Title IX coordinator must promptly contact the complainant to discuss supportive measures and consider their wishes. The coordinator must also explain that supportive measures are available whether or not a formal complaint is filed, and how to file one.
Supportive measures are free, non-disciplinary services that help preserve access to education. Examples include counseling, deadline extensions, schedule or housing changes, campus escorts, and mutual no-contact restrictions. Schools must keep them confidential to the extent possible.
Follow a Fair Grievance Process
A formal complaint begins the grievance process under 34 CFR 106.45. Its key elements include:
- Written notice of the allegations to both parties
- A presumption that the respondent is not responsible until a determination is made at the end of the process
- The right of each party to an advisor of their choice
- An equal opportunity for both parties to present witnesses and evidence
- At least 10 days for the parties to review and respond to the evidence
- An investigative report shared at least 10 days before a hearing or decision
Hold a Live Hearing (Postsecondary Institutions)
Colleges and universities must provide a live hearing. Each party’s advisor, never the party personally, may ask the other party and witnesses relevant questions, including questions about credibility. Either party can request to be in a separate room, and hearings may take place virtually.
Questions about a complainant’s sexual predisposition or prior sexual behavior are not relevant, except in two narrow circumstances the regulations define. K–12 schools may hold hearings but are not required to.
Decide, Document, and Allow Appeals
The decision-maker cannot be the Title IX coordinator or the investigator. The decision-maker applies the school’s chosen standard of evidence, which is either preponderance of the evidence or clear and convincing evidence, and must issue a written determination.
Both parties may appeal on three grounds: procedural irregularity, new evidence, or conflict of interest or bias that affected the outcome.
Train Staff and Keep Records
Coordinators, investigators, decision-makers, and informal resolution facilitators must be trained on the definition of sexual harassment, the scope of the school’s program, and how to serve impartially. Training materials cannot rely on sex stereotypes.
Colleges with websites must post their training materials publicly. Case records must be kept for seven years.
The regulations also prohibit retaliation against anyone who reports, testifies, or participates in a Title IX process, or who refuses to participate.
Why Prevention Education Matters Beyond Compliance
The Title IX regulations mostly govern how schools respond after harm has occurred. Compliance is the minimum standard. Prevention education aims to stop sexual violence before it happens.
A separate federal law also addresses prevention. Under the Clery Act, as amended by VAWA, colleges that participate in federal student aid programs must describe primary prevention and awareness programs for incoming students and new employees. These programs must include the definition of consent in the school’s jurisdiction and safe, positive options for bystander intervention.
Colleges must also describe ongoing prevention and awareness campaigns for students and employees.
Prevention professionals widely recommend a few approaches beyond these requirements:
- Consent education that helps students understand and practice clear, mutual communication
- Bystander intervention training that helps students recognize warning signs and step in safely
- Healthy relationships programming that addresses the attitudes and norms that allow violence to continue
- Ongoing engagement throughout the academic year, rather than a single orientation session
Survivor-centered prevention can also help build trust. When students understand what support is available and how their school responds to reports, they are better prepared to come forward and to support peers who do.
How Our Sexual Assault Prevention Programs Support Schools
Catharsis Productions creates innovative, research-supported programming that challenges harmful attitudes and helps shift behavior. Our programs support colleges and universities in their prevention efforts and complement Title IX policies and response procedures.
Training and Workshops
Interactive sessions for students and staff cover consent, bystander intervention, and healthy relationships. Programs such as The Hook Up use engaging, research-based content to help build a culture of consent and respect.
Flexible Delivery
Programs are available live in person, live remote, and online. Online courses give schools a flexible way to reach students across campuses and schedules.
Bystander Intervention Training
Students and staff learn practical skills for recognizing potentially harmful situations and intervening safely.
Customized Solutions
Our educators work with schools to tailor programming to their community, goals, and challenges.
Train the Trainer
Programs for campus educators and advocates help schools build lasting prevention capacity in-house.
Our programs support a school’s prevention work. They do not replace its Title IX policies, grievance procedures, or legal guidance.
FAQs About Title IX and Sexual Assault
Does Title IX cover sexual assault?
Yes. Under the current regulations, sexual assault is one of the three categories of sexual harassment, and sexual harassment is a form of sex discrimination under Title IX. Schools must respond when they have actual knowledge of sexual assault in their education program or activity.
Does Title IX apply to sexual assault that happens off campus?
It can. The regulations cover locations, events, and circumstances where the school has substantial control over both the respondent and the setting. At colleges and universities, they also cover buildings owned or controlled by officially recognized student organizations. The conduct must occur against a person in the United States.
Is a Title IX process the same as a criminal case?
No. A Title IX grievance process is run by the school, and it is separate from any criminal investigation. The regulations allow schools to briefly delay or extend timelines for good cause, including concurrent law enforcement activity.
What are supportive measures?
Supportive measures are free, non-disciplinary services that help a student keep their access to education. Examples include counseling, academic extensions, and housing or schedule changes. They are available whether or not a formal complaint is filed.
Does Title IX require consent training?
The Title IX regulations do not require schools to adopt a particular definition of consent or a specific consent curriculum. Under the Clery Act, however, colleges that participate in federal student aid programs must describe prevention programs that include their jurisdiction’s definition of consent and bystander intervention options. Many schools offer consent education as a best practice.
Build a Safer Campus Community
Compliance is only the starting point. Lasting change comes from education that reaches students before harm occurs. Contact us today to learn how our in-person and online programs can support your school’s sexual assault prevention efforts.