Author Archives: GordonLawGroupLLP

Your school’s role in addressing sexual violence under Title IX

Leave a reply

Colleges and universities rightly face increasing scrutiny about how they respond to victims of sexual assault. Under pressure from campaigners, victims and advocates, the White House has led a charge to combat what can be described as the systematic failings of college and university administrators.  The Department of Education has released a list of over 50 colleges and universities nationwide now under review for their mishandling of sexual assault. Senator Claire McCaskill (Mo) recently issued a comprehensive survey that detailed some shocking statistics and was complete with the subtitle “How too many institutions of higher education are failing to protect students” (you can read our blog on the report here). The White House also initiated a task force to look at sexual assault and launched a new informational website, www.NotAlone.gov.

So, what are a school’s responsibilities? If a student reports an incident of sexual violence to the school, the school must respond promptly and effectively and take the reasonable steps to resolve the situation. A criminal investigation does not relieve the school from its duties under Title IX. During the investigation, they must ensure the safety of the student.

However, many schools have been found unable to provide the proper resources or lack qualified individuals to deal with the report of sexual violence. As detailed in Senator McCaskill’s report, most school systems are insufficient and fail to effectively support victims. Even the presence of a trained Title IX coordinator is often detrimental, as they have been found culpable of protecting the school rather than the victim.

Many schools inadequately deal with reports of sexual assault and sexual harassment. If you are a victim of sexual assault, or know a victim, and you feel your school has failed to help or you just want to know what you should expect, please contact us today.

Colleges failing to properly investigate sexual assault

Leave a reply

A new study has found that around 40% of colleges have failed to investigate a single incident of sexual assault on their campuses in the last five years.  Furthermore, 51% of colleges admit they have no hotline to report sexual assaults, and 10% have no Title IX coordinator.

These findings come after a survey conducted by Sen. Claire McCaskill, D-Mo, who is focusing on campus sexual assaults after passing legislation earlier in 2014 to confront rape in the military.  To read the full report, click here.

Title IX and the Clery Act require colleges to report, investigate and prevent campus sexual assault, but these figures highlight a systematic failure to act in a significant portion of colleges. In the survey, colleges also showed a tendency to report sexual assault but not investigate it. The investigation process itself also remains highly fraught with many colleges not permitting the involvement of the victim in the case, while others involve a student body to adjudicate, leading to major privacy concerns and potentially discouraging student to report assault if it ends up under peer review.

There remains a significant lack of training and education to teach staff and students about sexual assault. 20% of colleges fail to provide sexual assault training for their staff, 31% fail to provide training for their students and 30% fail to provide training for on-campus security or police.

If you have any questions about sexual assault on campus or Title IX, please contact us today.

All statistics are from July 9, 2014 report issued by United States Senator Claire McCaskill.

Boston Globe interviews Dr. Theidon of Harvard University

Leave a reply

One of Gordon Law Group’s and Rodgers, Powers and Schwartz’s clients, Harvard professor Dr. Kimberly Theidon, was featured in The Boston Globe this morning. The piece is the latest in a slew of articles and interviews about the Professor, who was denied tenure last spring. Theidon will now take a tenured faculty position at Tufts University.

Dr. Theidon has brought Title IX claims against Harvard University, stating that she believes the university discriminated against her because of her gender and for openly supporting victims of sexual assault on campus.

You can read the full article here.

You can also read and watch Philip Gordon and Dr. Theidon’s interviews with the Huffington Post, MSNBC and ABC-Boston.

If you would like to learn more about Title IX, check out our Title IX page, our FAQ page or contact us today.

Philip Gordon appears on MSNBC to talk about Title IX

Leave a reply

Philip Gordon recently appeared on MSNBC’s show Ronan Farrow Daily, alongside Dr. Kimberly Theidon of Harvard University, to discuss Title IX, sexual assault on campuses, and Theidon’s denial of tenure for supporting sexual assault victims. Click here to watch the video.

Philip, along with Elizabeth Rodgers, have been representing Dr. Theidon as part of her Title IX fight against Harvard.

ABC-Boston’s feature on Title IX

Leave a reply

Philip Gordon and Elizabeth Rodgers are representing Dr. Kimberly Theidon, a professor at Harvard University, in a Title IX case against the school. Theidon was seemingly denied tenure after supporting students who were victims of sexual assault at the university. This follows a wave of cases nationwide involving the mishandling of sexual assault cases by universities and colleges. You can read and watch Theidon’s exclusive interview, featuring Philip and Elizabeth, with ABC-Boston, WCVB,  here.

New Initiative from the White House to Curb Sexual Assault at Colleges and Universities

Leave a reply

The White House showed clear intent that they are committed to stem sexual assaults on campuses across the country by releasing a set of guidelines and proposals today.  A White House task force admonished the role of colleges and universities administration in tackling sexual assault, with a response that shows the White House believes that the current approach to sexual assault on campuses is wholly inadequate.

The task force seeks to focus on:  helping schools identify the problem; preventing sexual assault; helping schools respond effectively when a student is sexually assaulted; and improving and making more transparent the federal enforcement efforts.

Federal officials have also launched a new website, www.notalone.gov, which is designed to support victims of sexual assault and help them where their schools have failed.  The website also provides guidance for schools to help them better understand federal laws, their responsibilities and develop a sexual assault policy and procedure.

This is an authoritative and important move from the federal government that has been widely supported by grass-root campaigners and student-led organizations.  Colleges and universities have largely failed to handle sexual assault on their campuses, which has led to an explosion of complaints and campaigns over the past year and a number of cases citing a violation of Title IX.  The federal government has made a positive step towards improving school’s response to sexual assault.

To read about Gordon Law Group’s and Rodgers, Powers and Schwartz’s role in supporting the Title IX effort, please click here.  And, of course, if you’ve been involved in sexual violence on campus or suffered retaliation for helping students, contact us.

Philip Gordon and Elizabeth Rodgers interviewed by Huffington Post about Harvard University professor’s denied tenure

Leave a reply

Philip Gordon, together with Elizabeth Rodgers of Rodgers, Powers & Schwartz LLP, is leading part of the Title IX effort against Harvard University. They represent Dr. Kimberly Theidon, an accomplished anthropology professor at Harvard University who has seemingly been denied tenure for supporting students who were victims of sexual assault and critical of Harvard’s approach to their cases.  Click here to read an interview with Theidon, Gordon and Rodgers.

Colleges and universities across the country are facing ever-increasing scrutiny as to how they deal with instances of sexual assault on campus, including Harvard University where students have filed a separate Title IX complaint to the U.S. Department of Education. Title IX protects students against sexual harassment and sexual violence because it denies the student the right to an education free from discrimination. There has been a wave of exposure in the media, including coverage of Theidon’s case which you can read here. You can also read the Huffington Post’s coverage of Harvard’s students’ complaint by clicking here.

Title IX: A brief review

Leave a reply

Title IX

“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 is a law passed in 1972 designed to require gender equality in every federally funded educational program. Title IX is perhaps best known for providing equal opportunities in athletics. However, the law has a wide scope and refers to many different areas including:

  • Athletics
  • Learning Environment
  • Access to Higher Education
  • Math and Science
  • Career Education
  • Sexual Harassment
  • Education for Pregnant and Parenting Students
  • Standardized Testing
  • Employment
  • Technology

As a result, any person involved in federally funded education, from students to teachers, is protected by Title IX from any discriminatory, retaliatory or biased factors that may arise in the classroom, on the sports field, or in any other arena.

Philip Gordon and Elizabeth Rodgers have represented clients in a range of Title IX matters and can provide the experience and know-how to implement a law that many schools are not in compliance with or simply do not understand.

For more information on Title IX, visit www.titleix.info or contact us.