What Are College Students Rights At School?
A College Student’s Guide: Know Your Legal Rights on Campus
Going to college or university is a big step for young adults. For many, it is their first taste of freedom and from being away from home. It is important with this new-found independence that students are aware of the rights and responsibilities they have while on a college campus. Some basic rights that college or university students are entitled to include:
- Freedom of association and speech
- Confidentiality and privacy
- Right to a quality education
- Understand the academic standards of their school
- Nondiscrimination based on gender, race, disability, etc.
- Due process in disciplinary matters
- The opportunity to pursue higher education
- The right to receive support
These are only some of the rights that students have. It is important to read your school’s handbook and guidelines to make sure you understand the rules specific to your educational institution, as rules can vary.
College students are also protected by federal laws from mistreatment while on campus. Title IX of the Education Amendments of 1972 bans sexual discrimination at schools receiving federal funds. In addition, minority students, transgender students, and students with disabilities have legal rights and protections under federal law. If they are accused of sexual assault or violence, college students also have the legal protections of due process in student hearings and court proceedings.
What Is Title IX?
In 1972 federal legislation was passed that was designed to protect people from discrimination based on sex in all education programs or activities that receive federal financial assistance. Title IX is meant to ensure that students, whether male or female, has access to all levels of education and all activities within those educational institutions. Although Title IX is aimed at educational facilities, it does have a much larger reach, impacting over 17,600 local school districts and more than 5,000 postsecondary institutions. Title IX applies not only to the public school system but also all education organizations that receive federal financial assistance from the U.S. Department of Education, including charter schools, for-profit schools, libraries, museums, and vocational rehabilitation agencies. Title IX is not only meant to protect students from inclusion based on their sex but also from sexual harassment, sexual violence, sexual assault, dating violence, domestic violence, stalking, and quid pro quo harassment within the confines of an educational institution.
Another facet of Title IX is the protection of students who are accused of such behaviors. It states that students accused of sexual assault or violence against other students are allowed due process to determine their innocence or guilt. In 2020 an amendment was made to Title IX to modify the due process protections to express written presumption of innocence. Educational institutions are also not allowed to impose disciplinary conduct on accused students until a verdict has been reached in their case.
What Would Be A Violation Of Title Ix In Schools?
There are a number of things that would be considered to violate the Title IX legislation, some examples would include:
- A school only offering a boy’s soccer team and not offering a girl’s soccer team or having a co-ed team
- A school neglecting to provide a sexual harassment policy for its students
- Discriminating against a transgender individual wanting to enroll in a school’s science, technology, engineering, and math (STEM) courses and programs
- A professor requiring a student to provide a sexual favor to improve their grades
- A student being raped by another during a social event at a college
- A student getting kicked out of university for being accused of stalking another student before the case is resolved
These are only a few possible infractions that would violate the Title IX legislation.
Sexual Discrimination and Violence at School
Sexual discrimination is the disenfranchisement of an individual based on their gender. Discrimination can include restricting individuals’ involvement in student activities, classes, and academic opportunities based on their gender. More broadly, discrimination can include policies, behaviors, and tendencies that unfairly favor one group over another. Sexual violence includes actions taken toward an individual based on their gender that cause physical, emotional, or mental harm. Federal law prohibits sexual discrimination and sexual violence in all educational institutions that receive federal funding.
More Articles About Sexual Discrimination/Violence on College Campuses
- Sex-Based Discrimination
- Rights of Sexual Discrimination Victims
- Addressing Sexual Violence on Campus
- Campus Sexual Violence Statistics
If You Are Sexually Assaulted at School
Sexual assault is a serious offense that involves the physical, mental, or emotional mistreatment of an individual based on their gender. If you have been a victim of sexual assault, immediately remove yourself from the abuser; this could include skipping a class, spending the night with a friend, or missing a school activity. Then, seek help from your campus Title IX coordinator and/or the police. Students who are accused of sexual assault should seek legal aid to ensure that their rights are also protected.
- The Groups Most at Risk of Sexual Assault
- How Title IX Changes Affect Sexual Assault Cases
- The Realities of Sexual Assault on Campus
- Sexual Assault on College Campuses
- Rights of Sexual Assault Victims
If You Experience Sexual or Gender-Based Harassment or Discrimination
Sexual harassment and discrimination are illegal at educational institutions that receive federal support. If you feel threatened, remove yourself from the situation and contact your campus Title IX coordinator to report the incident. Record information about the incident, including the date, the time, the location, the people who were present, what actions were taken, and what was said during the incident. Providing this information to campus authorities or legal professionals can aid them in resolving the situation and protecting your rights.
- Investigating Sexual Harassment on Campus
- Federal Guidance for Addressing Sexual Harassment
- Sexual Harassment on Campus: What Are Students’ Rights?
Transgender Student Rights
LGBTQ students are protected from discrimination under federal law. The law also limits schools from freely disseminating the birth genders of transgender students. College students in transition have a right to update the gender identifiers displayed on their academic documents, and students have a right to participate in classes and activities based on the gender with which they identify.
- Executive Order Protecting LGBTQ Students
- LGBTQ Students on Campus: Issues and Opportunities
- Supreme Court Rulings Signal Need to Protect LGBTQ Students
Disability Rights for College Students
The Americans with Disabilities Act requires educational institutions to provide reasonable accommodations for students with disabilities. College students can request accessible housing, services such as screen readers and note-taking assistance, and extra time on homework and tests. In addition, students with disabilities have a right to equal educational opportunities.
What to Do if Your Rights Are Violated as a Student With a Disability
Students who are experiencing discrimination because of their disability should file a complaint with their campus Title IX coordinator. In addition, students can contact their campus disability services coordinators to request assistance. Recording specific details about the incident such as the day, the time, the location of the violation, the specific people involved, the specific actions taken or words spoken, and the names of witnesses who were present can assist campus authorities or legal professionals in resolving the situation.
- Identifying the Responsibilities of Schools for Students With Disabilities
- Rights of Disabled Students During a Pandemic
Right to Privacy in College
Federal law limits the dissemination of a student’s private information or academic records without the consent of the student. Under federal law, students have a right to privacy when on campus and when living in college housing.
College Students and Contractual Rights
When a student enrolls in an educational institution, they enter a legally binding relationship with the institution. Students are required to follow campus rules and procedures as well as pay their tuition. Colleges are required to provide students with access to educational resources and the ability to earn credit for completing academic requirements. Students should carefully read their enrollment agreements to ensure that their contractual rights are protected while on campus.
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