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Civil Justice Practitioners

Education

The incidence of sexual assault is disturbingly high in both universities and high schools throughout our Nation. The U.S. Department of Justice estimates that 35 out of every 1,000 undergraduate females are sexually assaulted every year.43 The figures are no less staggering for high school students. For example, research published in the Journal of Adolescent Health found that one in five high school students had experienced forced sex (rape), and half of the victims told no one about the incident.44

Title IX of the Civil Rights Act (20 U.S.C. § 1681 (2004)), the Jeanne Clery Campus Safety Act (20 U.S.C. § 1092 (1998)), and the Family Education Rights and Privacy Act (20 U.S.C. § 1232g (2001)) impose specific duties regarding educational institutions' obligations to prevent and respond to campus sexual assault.45 Colleges and universities may be held civilly liable for intentional wrongful acts committed on their campuses by or against their students.46