Today, many students complete educational activities online. Whether this activity is part of a hybrid class that is partially online or part of a completely online degree program, more students are turning to the internet to advance their educations. This increase in online education raises the need for students, faculty, and educational institutions to understand the implications of Title IX and cyberbullying.
What Is Title IX?
Title IX is a federal civil rights law that prohibits discrimination on the basis of sex in educational institutions. It was passed as part of the Education Amendments of 1972.
The law was originally passed to protect females from being excluded from educational programs traditionally reserved for males. Then, it was used as a way to reduce disparities between men’s and women’s college sports teams. The law applies to any educational institution or educational program that receives federal funding, which virtually includes any school.
Title IX tries to create a fair environment by prohibiting and addressing sexual discrimination in admissions, recruitment, and participation in educational programs. It also emphasizes the importance of providing equal opportunities in academics and athletics.
Today, many online schools and programs are required to comply with Title IX regulations because they receive federal funding. Title IX’s purview extends beyond the traditional classroom to digital classrooms. In these settings, Title IX can protect students and others from sex-based discrimination, harassment, and other prohibited sexual misconduct.
What Is Cyberbullying?
There are different definitions of cyberbullying. Stanford University describes cyberbullying or online harassment as “a wide range of targeted behaviors online perpetuated to scare, intimidate, threaten, or harm.” It notes that the harassment can target or come from a group or individual. Harassment can be ongoing or sustained over a long period of time.
Texas Legal Aid defines cyberbullying as “a single significant act or pattern of actions by one or more students against another student done through technology.” According to the Pew Research Center, 41% of adults in America report that they have personally experienced online harassment, with more than half of them experiencing more severe behaviors, such as sexual harassment, sustained harassment, stalking, or physical threats. Members of the LGBTQ+ community are at a heightened risk of online harassment, with seven out of ten people from this group reporting experiencing online harassment, compared to four out of ten straight adults.
The Intersection of Title IX and Cyberbullying
In today’s digital world, technology can provide critical access to educational opportunities, connecting people from across the globe. Many colleges and universities also maintain active social media accounts on Facebook, Instagram, Twitter, and other platforms. These digital platforms help students communicate and build communities.
However, these same digital platforms can also be sites of Title IX violations. Online interactions can be persistent, heated, or combative, and they often offer anonymity that encourages harassing behavior. Some platform users harass, track, and contact others in unwanted ways, which can also constitute Title IX violations.
Types of Legal Claims Under Title IX
The intersection of digital learning and Title IX can result in various types of violations, including:
Sexual Harassment
Sexual harassment can occur online when a person makes sexual advances, requests sexual favors, or engages in conversations of a sexual nature. Sexual harassment can also include any of the following:
- Image-based harassment
- Sexist comments made in online discussions
- Explicit threats sent over email, on social media, or in chat platforms
- Threats of rape
- Simulated rape.
Doxxing
Doxxing involves publicly revealing private personal information about someone else, including their address, Social Security number, bank information, or email address.
Cyberbullying
Professors, coaches, or other school employees may harass or bully students online. Since these are employees of the school, the school is responsible for their conduct. A study published in the Journal of American College Health reported that 3.1% of students reported experiencing occasional bullying from a professor or instructor.
Bullying is sometimes common in college sports, with many coaches believing it is a form of “tough love.” A report by Business Insider found that a pattern of psychological and emotional abuse had emerged in women’s sports. Many male athletes report similar bullying instances, or that coaches look the other way when witnessing such antics. Embarrassing athletes, even on social media, can negatively impact their self-esteem and may cross the line into a Title IX violation.
Revenge Porn
Former sexual partners may release sexually explicit images or videos without their partner’s consent.
False Impersonation
People may assume other people’s identities online to harm them.
Cyberstalking
People may use social media and other online tools to stalk an unwanted target.
Responding to Title IX Accusations
Online schools, colleges, and universities must respond to allegations of Title IX violations, just as traditional brick-and-mortar establishments must. A Title IX case can result in a student’s expulsion, suspension, revocation of their awarded degree, and other serious consequences. It can also lead to job loss or loss of tenure for student employees or faculty members.
Because the consequences can be so severe, it’s imperative that students understand the implications of Title IX and the role the school must promptly and efficiently handle these claims. Schools that allow sex discrimination or sexual harassment to occur without taking decisive action can lose their federal funding. It can also damage a school’s reputation by failing to uphold the student’s rights.
Social Media and Title IX
Many people use social media to connect and communicate with others. However, these platforms can facilitate violations of Title IX, including cyberbullying, cyberstalking, and unwelcome sexual advances.
Each school may have its own rules regarding the use of school-sanctioned computers, networks, and platforms, which may make it easier for them to access potentially problematic communications during a Title IX investigation. Harassing or discriminatory posts often serve as the basis for a Title IX investigation.
Social media communications are often an essential piece of evidence in Title IX cases. Title IX investigators often request that the complainant provide screenshots or copies of social media posts, direct messages, pictures, videos, and other online evidence.
This evidence may help corroborate your claim of sexual misconduct, refute a defendant’s claims that they did not act inappropriately, or provide essential context to aid the investigation.
If you had communications with someone on social media and these communications are pertinent to your case, it’s crucial that you try to preserve these communications. This may require you to take screenshots or screen recordings of the information before it disappears. An experienced lawyer can also assist you in authenticating this evidence.
Title IX Supportive Measures
If a school receives a Title IX complaint, it must provide continued supportive measures. These are interim measures that can help the student continue to learn while the Title IX proceeding is underway. Supportive measures may include:
- Allowing affected students to adjust their workload
- Permitting extensions for assignments
- Allowing retakes of tests
- Connecting students to remote counseling options
- Providing security services to students attending classes in person
- Adjusting work assignments and shifts
Institutional Methods for Preventing or Mitigating Cyberbullying
Schools, colleges, and universities have a legal duty under Title IX to provide a safe online learning environment that is free from sexual discrimination or harassment.
- Be aware of online sexual harassment: Schools should be mindful of an increased risk of online sexual harassment as students are online more often. Harassment could occur during remote classes, such as when a student posts an obscene comment or image during a video call, or outside of classroom hours on social media. They should have sufficient numbers of staff to handle any Title IX complaints.
- Provide training: Schools should offer training to professors, investigators, coordinators, counselors, and other relevant personnel to recognize the signs of digital misconduct. This training should include methods for affirmatively preventing harassment and immediately addressing any harassment that does occur.
- Require backgrounds: One effective way to reduce the visibility of inappropriate sexual images or videos during remote learning is to require all students to use the same neutral background. This can effectively hide their private space and prevent the accidental showing of content.
- Disable screen sharing: Professors can have a default setting that allows them to disable screen sharing, but then enable temporary access when it’s necessary for learning.
- Monitor chats: Professors or teaching assistants can monitor chats to ensure that they are appropriate.
- Allow remote reporting: Online schools should provide a method for students to report Title IX allegations remotely, as they often lack the same infrastructure as traditional schools. However, schools that offer classes online and in person may also want to provide a mechanism for reporting sex harassment or other violations remotely, as students may be more comfortable with this method. Title IX offices should inform students of their options for remote reporting.
Ways to Protect Yourself from Cyberbullying
Fortunately, there are several ways that you can take a proactive approach to protecting yourself online from cyberbullying and other types of digital misconduct, including the following:
Adjust Your Privacy Settings
As a best practice, set your privacy settings to the most secure option. This step can help control who can view your online content and personal information and prevent someone you don’t want to see your information from seeing it. You can enable features on social media that limit visibility to friends or approved followers only to protect your privacy.
Carefully Consider Friend Requests
Do not haphazardly accept friend requests. Consider why a person might be reaching out to you and whether you actually want them to see your private information. By making someone your “friend,” you could be providing someone with unwanted access to you.
Verify people’s identities before accepting friend requests. Perpetrators could be impersonating someone close to you to gain access.
Watch Your Online Content
Be careful about what you post and share online. A screenshot of information without any context could look bad. Avoid sharing personal information about yourself or your whereabouts that could jeopardize your safety.
Recognize Title IX Violations
Read your educational institution’s Title IX policy. Familiarize yourself with the prohibited conduct outlined in the policy.
Document Inappropriate Conduct
If anyone says or does anything that makes you feel uncomfortable or that you believe may constitute a violation of Title IX, take screenshots or recordings of this information.
What to Do If Someone Violated Your Title IX Rights
If you believe that someone has violated your rights under Title IX, take these steps to protect your legal claim:
- Report: Report the offensive contact to your professor or Title IX coordinator. Follow your school’s rules for reporting.
- Document: Document the harmful communications. Keep an electronic folder of all text messages, emails, social media posts, and screenshots.
- Avoid contact: Some schools may implement bilateral no-contact orders, prohibiting you from contacting the perpetrator. Even absent this mandate, it can damage your claim if you reach out to the perpetrator.
- Cooperate with investigators: Answer the investigator’s questions honestly. Don’t try to exaggerate claims. Provide any information that they request to corroborate your story, even if you feel embarrassed about it.
- Seek legal advice: Talk to an experienced Title IX lawyer about your situation.
- Take advantage of support measures: Avail yourself of the resources afforded by your school. Engage in counseling or other support services, as necessary.
