Research indicates that individuals with disabilities are more likely to be sexually victimized than people without them. If an individual with a disability is sexually harassed or discriminated against, they have certain rights under Title IX and other federal laws. They are also supposed to receive accommodations consistent with their disability.
If you have questions regarding Title IX and accommodations, you can contact KJK’s Student & Athlete Defense team for a confidential consultation. Our law firm is nationally recognized for our Title IX defense and student defense work. We have successfully represented thousands of students facing allegations of misconduct.
We also advocate for the rights of students with special needs, ensuring they receive the academic support and accommodations they need to be successful. KJK’s co-chair and partner Susan Stone was named Best Lawyers “Lawyer of the Year” in the Education category, a distinction that only one attorney in the nation can receive in a given category and bestowed upon the attorney with the highest peer reviews in the category. Call us today to learn more.
Title IX, ADA, and Rehabilitation Act
Cases involving sexual discrimination, harassment, or violence may implicate several federal laws. Title IX protects people from discrimination based on sex in education programs or activities that receive financial assistance from the federal government.
The Americans with Disabilities Act prohibits discrimination against people with disabilities in various areas, including access to state and local government programs and services. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in federally funded programs. The Individuals with Disabilities Education Act provides for a free appropriate public education to eligible children with disabilities, ensuring they receive special education and related services.
Courts have ruled that states are not immune under the United States’ Eleventh Amendment of the Constitution from suit in federal court for violating any of these laws. Therefore, public colleges and universities could be sued if they are found to discriminate on the basis of sex or disability.
How Sexual Assault and Discrimination Can Cause or Affect Disabilities
People with disabilities are more likely to be targets of sexual violence. Some reports indicate that individuals with disabilities are three times more likely to experience rape and sexual assault than non-disabled people. Individuals with multiple disabilities may be at even greater risk. More than 90% of people with developmental disabilities will experience sexual assault. Still, students with disabilities are six times less likely to report sexual assault than those without disabilities.
Sexual assault, discrimination, and harassment can also increase the likelihood that someone will develop a disability due to the underlying trauma. Victims may develop Post-Traumatic Stress Disorder, depression, and anxiety. They may experience difficulty resuming normal activities, completing their studies, or maintaining their grade point average.
Unfair Treatment of Students with Disabilities During Title IX Proceedings
Complainants and respondents can both be treated unfairly during Title IX proceedings, often due to misunderstandings, stereotypes, or biases related to their disabilities. For example, complainants may be shunned or disciplined for engaging in sexual activities with others even when those acts are not consensual. Professors, counselors, and other professionals may not believe their accounts or may think they are exaggerating due to their disabilities.
Individuals with disabilities may be unfairly disciplined or accused of misconduct. People may not understand their intentions, words, or actions, leading to confusion and unfounded allegations. If they did commit misconduct, their punishments may be disproportionate to their actions.
Examples of Title IX Violations Involving Students with Disabilities
Title IX violations can take many forms. Some examples are:
- A gay student with disabilities is called homophobic slurs.
- A woman with disabilities is part of an athletic program that does not receive the same funding as the athletic program for male athletes.
- A student with gay parents and PTSD is constantly ridiculed for these factors, and the school does nothing to intervene.
- A student paints her wheelchair in rainbow colors and is ridiculed by her peers.
- A student assaulted another student in a special education setting.
- A student with a disability was not able to communicate his objection to sexual touching and was disciplined for sexual misconduct.
- A pregnant mother is told that she cannot reenroll in school after she has her baby.
Reasonable Accommodations for Students with Disabilities
If a student with disabilities reports that they were sexually assaulted or discriminated against on campus or are accused of Title IX violations, they may be able to receive support throughout this process consistent with their needs and accommodations. They will need to disclose they have disabilities that require accommodations and specifically request the accommodations they need to assist them throughout the process, including help making a report. They can also request that their chosen advisor be present during all interactions and interviews involved in the Title IX process as a disability-related accommodation.
Other accommodations that students with disabilities may seek during the Title IX process include:
- Having extra time to review and respond to documents
- Having longer or more frequent breaks during interviews and hearings
- Having an interpreter, note taker, recording device, copies of documents, assistive devices, or auxiliary aides during proceedings to aid in understanding
- Having a support person present during meetings
However, if the requested accommodations are not appropriate or would fundamentally alter the process, the school can deny these requests. Even if the student is already receiving accommodations, the Title IX coordinator may not automatically apply accommodations until the student has requested them.
Accommodations for All Students
After a complainant makes a report of sex-based discrimination or harassment, the Title IX coordinator offers supportive measures, which can serve as accommodations to students even if they do not have a disability. These measures may remain in effect even after the case is resolved. Examples of supportive measures include:
- Schedule changes: Students may receive help in changing their schedules, course selection, exams, or assignment deadlines. Students may be able to change courses or withdraw from a course.
- Academic adjustments: Students may be able to make up tests they missed or request extensions for assignments. They may receive some flexibility regarding requirements for class participation and attendance. Sometimes, a student’s GPA can be adjusted to account for the trauma and emotional impact of the incident.
- Academic support: The student may be able to receive assistance in requesting long-term academic support services through the school’s Disability Services or Accessibility Services office if they qualify as an individual with a disability.
- Counseling services: Students may be referred to on- or off-campus counseling solutions to help them cope with the incident that led to the report.
- Housing changes: Students may be able to receive short-term emergency housing or be allowed to move to a different residence hall.
- Work adjustments: If affected students work on campus, they may be able to ask for flexibility in their work environment.
- Leaves of absence: Students may be able to take leaves of absence.
- Online safety education and resources: Title IX is concerned with supporting students’ ability to feel safe and learn, free of discrimination and harassment. Supportive measures may include providing guidance and resources to help students clear search histories and update their privacy settings.
- Referrals to law enforcement: The Title IX coordinator may discuss the option to report criminal offenses to police, obtain a forensic evaluation, and other assistance in this realm.
- Referrals to other resources: The Title IX coordinator may provide a list of resources for other agencies and organizations that can provide additional support, including referrals to counseling and medical services, support groups, advocacy organizations, resident deans, or sexual violence organizations.
- Escort services: Students who are afraid of their physical environment may be able to receive escort services while on campus.
- No-contact orders: A no-contact order is a directive that prohibits students from contacting a certain individual. The no-contact order may be unilateral, in which the respondent is prohibited from contacting the alleged victim or mutual, in which neither party can contact the other.
The Process of Requesting Accommodations During Title IX Proceedings
Either party – the complainant or respondent – can request accommodations during Title IX proceedings. The school has a responsibility to treat all students fairly. The process of determining accommodations includes the following steps:
Confirming the Disability
The school may have already received documentation and confirmation of the disability if the student has existing modifications lodged with the school. If not, the school can confirm the need for accommodations and request medical records to do so.
Identifying Possible Accommodations
Next, the school can consider which accommodations are available under the circumstances, which may include those from the lists above. However, the school must also weigh the interests of all affected parties. Accommodations should not give one student an unfair advantage during the proceedings. It is best practice for schools to document the rationale for their decisions.
Providing the Accommodations
The school must notify the party requesting accommodations of its decision. This should be in writing. Affected parties, professors, and others should keep the Title IX coordinator informed of deadline changes and any other changes that could affect the Title IX process. The school must keep the affected student’s medical condition private. However, it must notify the respondent if deadlines concerning the Title IX case have been affected.
Contact Our Title IX Defense Team for Help with Your Case
If you are involved in a Title IX case that involves disability rights, KJK’s Student & Athlete Defense team can help. Our law firm is one of the few that focuses solely on education matters, including allegations of Title IX violations. Contact us today for a confidential evaluation to discuss your case.