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73 Okla. L. Rev. 15 (2020-2021)
Standing in between Sexual Violence Victims and Access to Justice: The Limits of Title IX

handle is hein.journals/oklrv73 and id is 22 raw text is: STANDING IN BETWEEN SEXUAL VIOLENCE VICTIMS AND ACCESS TO JUSTICE: THE LIMITS OF TITLE IX HANNAH BRENNER JOHNSON* Abstract Sexual violence proliferates across communities, generally, and is especially prevalent in places like colleges and universities. As quasi-closed systems, colleges and universities are governed by their own internal norms, policies, and federal laws, like Title IX of the Education Amendments of 1972, which address how sex discrimination must be handled in institutions of higher education that are in receipt of federal funds. Title IX focuses on all facets of sex discrimination including reporting, investigation, adjudication, and prevention. When schools are accused offailing to adequately respond to reports of sexual misconduct on their campuses, Title IX has been interpreted by the Supreme Court to provide a private right of action by which victims can hold institutions accountable. In the most typical cases, one enrolled student accuses another enrolled student of sexual assault. The university investigates, perhaps holds a hearing panel, issues a determination after applying the relevant evidentiary standard, and, where warranted, imposes appropriate sanctions. If a student victim is dissatisfied with the institutional response, they have the right to sue the school in federal court. Not all cases follow this typical example, however, raising the question of who, specifically, is entitled to avail themselves of the protections of Title IX Sometimes victims are visitors or outsiders who have been raped or assaulted on campus by enrolled students. Their right to sue educational institutions has been called into question by courts that have denied them standing to sue the schools in federal court. Historically, some judges have used the standing doctrine to deny access to the courts to certain minority groups. Victims of sexual violence * Vice Dean for Academic & Student Affairs and Associate Professor of Law, California Western School of Law. JD, University of Iowa. I am grateful to Professors Erin Sheley and Melissa Mortazavi, and the Oklahoma Law Review, for bringing attention to these important issues and for hosting the symposium, Drawing the Line: Modern Sexual Conflicts and the Law. My fellow panelists and participants offered invaluable insights. Sasha Jamshidi provided excellent research assistance. 15

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