A.J. Bolan
86 Geo. Wash. L. Rev. 804
The current construction of Title IX provides no incentive for universities to prevent the sexual harassment of students by their peers. Student victims of peer sexual assault must prove that their university acted in a way that was “deliberately indifferent” to the knowledge of their assault or harassment. This is a high bar for students to meet, as courts essentially require the university to have acted in a wholly unreasonable manner for the student to prevail. The high bar of the deliberate indifference standard creates a situation where universities may fail to meet their obligations to their students under Title IX with no consequence. This Note proposes legislation that alters the deliberate indifference standard to create a presumption against universities where they have failed to comply with specific, affirmative obligations under Title IX. These alterations provide greater incentives for universities to implement preventative programs to diminish the incidence of sexual assault on their campuses. They also ensure that deserving victims get their day in court by giving students an increased chance at making it past the summary judgment stage.
